A defendant shall be punished by imprisonment with prison labor for up to six 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

On October 14, 2014, the Defendant stated that “A” restaurant located in Ulsan-gu, Ulsan-gu, Seoul-gu, would lend KRW 30,000,000 to the victim D (the victim’s age of 40) as a fund for purchasing vehicles, the Defendant would pay a monthly interest of KRW 30,000,000, and will repay in full after one year.”

However, in fact, the Defendant was in a bad credit condition at the time, and there was no fixed income as a medium-sized seller, and there was no property or claim in the name of the Defendant, and there was no personal debt of KRW 200,000,000 each month, and there was a need to pay more than 2,000,000 per month, and even if having borrowed money from others, there was no intention or ability to repay money, and it was scheduled to use the money received from the victim as personal debt repayment and living expenses.

The Defendant received 30,000,000 won from the victim’s corporate bank account in the name of the Defendant.

In this way, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Part concerning D statements made to the accused during the third police interrogation protocol;

1. Statement of each police statement regarding D;

1. A complaint;

1. Original copy of a monetary loan for consumption;

1. Application of Acts and subordinate statutes on the details of accounts trading in corporate banks and the details of accounts trading in national banks;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution (the confession of a criminal defendant and the consent of the victim is made, there is no criminal record, other circumstances of crimes, etc.);

1. Social service businesses under Article 62-2 of the Criminal Act;