A defendant shall be punished by imprisonment for not more than ten months.

However, 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

The Defendant, around November 25, 2013, indicated the facts charged in the case of Victim E in Seongdong-gu Seoul, in the case of the victim’s No. Doogle located in Seongdong-gu Seoul around November 25, 2013, according to each evidence duly adopted and investigated by this court, the above facts can be acknowledged and the above correction is deemed to have no particular effect on guaranteeing the Defendant’s right of defense

A false statement was made to the effect that “If a person lends money to him/her, he/she shall pay interest in three copies per month and shall repay it to him/her within one month.”

However, in fact, the Defendant borrowed the loan of KRW 300 million from the fraternity at the time, and the F cafeteria operated by the Defendant was fully deducted from the lease deposit of KRW 150 million due to the Defendant’s failure to pay the loan, and even if the monthly income of the F cafeteria alone cannot be repaid, the Defendant did not have the intent or ability to repay the loan to the victim even if he borrowed money.

As such, the Defendant, by deceiving the victim as such, received the victim, KRW 20 million from the victim on November 25, 2013, KRW 10 million on or around December 2, 2012 of the same year, KRW 5 million on or around March 3 of the same month, KRW 10 million on or around the 10th of the same month, KRW 14 million on or around the 12th of the same month, KRW 13.5 million on or around the 20th of the same month, respectively, and acquired KRW 77.5 million on or around January 15, 2014 by borrowing KRW 5 million in cash.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. E statements;

1. A detailed statement of the defendant's preparation;

1. Investigation report (verification of security deposits for deposit), investigation report (verification of a certificate of submission of the guidance);

1. Application of the copies of deposit passbooks (number 2, 16), receipts and copies of deposits without passbooks, and statutes;

1. Relevant Article 347 (1) of the Criminal Act and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act;

1. Determination of the defendant and defense counsel's assertion under Article 62-2 of the Criminal Act of the community service order

1. The assertion.