A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 17, 2017, the Defendant called the victim B from the French land on March 17, 2017 to lend money to the victim B. The Defendant borrowed money to the lender for his marriage expenses.

However, their children are married in Korea.

Therefore, it is necessary to pay the borrowed money.

On the other hand, since there is no way to lend a loan, it was called to the effect that the loan is offered as security by providing real estate held on the first day of the following week, and the loan is provided as security.

In fact, however, there was no marriage ceremony, and the defendant's real estate has already been set up two or more senior collateral mortgages, making it impossible to lend more financial institutions, and the defendant had already been liable for a large amount of debt to others, so there was no person who would personally borrow money, and since there was no other defendant's property, the defendant did not have the intent or ability to repay the borrowed money even if he borrowed money from the injured party.

In this respect, the defendant deceivings the victim and acquired the victim through the transfer of 49 million won to the D account in the name of C corporation operated by the defendant around March 17, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to B

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

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [Scope of Recommendation] In the case where considerable damage has been recovered (one month to one year) for mitigation area (one year), [the person with special mitigation] (the person with special mitigation] and the amount of damage has been discharged in full, confessions and reflects that the amount of damage has been discharged in full, and other conditions of sentencing as indicated in the records, such as the defendant's age, occupation, sex, sex, family relation, living environment, circumstances leading to the crime, etc., shall be determined by taking into account the following factors as a whole.