A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

Around February 13, 2017, the Defendant stated that “The Defendant would have repaid the amount of money up to May 1, 2017, if he/she lent 23 million won to the E Bank, which is a third financial right, to the victim D, who is a workplace partner, by raising interest.”

However, in fact, the Defendant had no particular property at the time, and was unable to pay the loan interest at approximately KRW 80,000,000,000, and it was also difficult for the Defendant to pay the loan interest at the same time, and even if he borrowed money from the victim on May 1, 2017, the Defendant did not have any intent or ability to pay it.

The Defendant, by deceiving the victim as such, received KRW 23 million from the victim’s account in the name of the Defendant on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the loan certificate and details of transfer;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Although it cannot be said that the amount of the reason for the fraud of the sentencing under Article 62(1) of the Criminal Act is less than the amount of the punishment, the same punishment as the order shall be determined in consideration of the fact that the mistake is against the victim and the victim does not want the punishment by mutual consent with the victim and that