A defendant shall be punished by imprisonment for six 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

On September 14, 2015, the Defendant loaned 30 million won to the Victim L to import two kinds of containers in Vietnam, and paid 50% of the profits that he/she imported, if he/she lends 30 million won to the Victim L, at the mutual influent coffee shop in Seocheon-si around September 14, 2015.

The phrase “ makes a false statement.”

However, the fact was that the low temperature warehouse that can keep Bana was not prepared, and there was no intention or ability to import Bana due to the lack of additional revenue funds, and it was thought that Bana will use the funds borrowed from the victim to purchase the land in Bana-gun.

Nevertheless, the Defendant, by deceiving the victim as such, received KRW 30 million from the victim to the agricultural bank passbook under the name of the Defendant on the same day, and acquired it by transfer.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made against L/M;

1. Complaint;

1. Investigation report (the suspect A's place of using borrowed money);

1. Details of transactions of deposits, content of text messages, and application of Acts and subordinate statutes on the receipt of a loan;

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

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [Scope of Recommendation] General Fraud [Article 62(1) of the Act on the Suspension of Execution [Article 62(1) of the Criminal Procedure] When considering the fact that the defendant has already been punished for the same kind of crime, it is necessary to strictly punish the defendant, but the defendant needs to be punished. However, upon agreement with the victim, the defendant does not want the punishment of the defendant, taking into account various circumstances such as the defendant's age, occupation, sex behavior, the details of the crime and circumstances after the crime, etc.