A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

1. On December 21, 2017, the Defendant called the Victim C from Gwangju District Court around December 21, 2017 to lend KRW 4 million to the Victim C, including the following interest, thereby repaying KRW 5 million.

“False speech” was made.

However, the defendant did not have any intention or ability to pay money even if he borrowed money from the injured party because he had only 28 million won of personal debt at the time.

Nevertheless, on December 21, 2017, the Defendant, as such, by deceiving the victim and by deceiving the victim, obtained the remittance of 4 million won to the corporate bank account (Account Number: E) in the name of the Defendant, the denied owner of D on December 21, 2017.

2. On December 26, 2017, the Defendant loaned 10 million won or 7.2 million won to the victim at G coffee shop located in Gwangju North-gu, Gwangju-gu, “The Defendant has to pay 10 million won because he/she had to pay Ha, etc., because he/she had to do so.” On the other hand, the Defendant would have to pay the money up to January 1, 2018.

“A false statement” was made.

However, the defendant did not have any intention or ability to repay money even if he borrowed money from the injured party as provided in the preceding paragraph.

Nevertheless, on December 26, 2017, the Defendant, as such, by deceiving the victim, received KRW 3,500,000,000 from the Agricultural Cooperative Account (Account Number: I) in the name of H, KRW 3,50,000,00 from the Saemaul Treasury Account (K) in the name of J, and KRW 7,20,00,000,000 from the corporate bank account in the above name of H, from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Complaint;

1. Application of Acts and subordinate statutes to report on investigation (verification of suspect credit information, etc.);

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing of Article 62(1) of the Criminal Act Article 62(1) of the suspended sentence is that the damage of the victim is not recovered, the amount of fraud, the confession of the defendant and the repayment of the damage, and other factors such as the age, sex, environment, and motive for the crime.