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

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

Punishment of the crime

On December 16, 2016, the Defendant: (a) lent KRW 10 million to the Victim F, who was aware of the principal operating expenses from “E” entertainment establishments located on the DMour9 story located in C on December 16, 2016 as ordinary customers; and (b) provided a full payment after one month.

“.....”

However, at the time, the Defendant was planning to proceed with the individual rehabilitation procedure as the bad credit standing, and was responsible for the debt amounting to KRW 240 million, so even if he borrowed money from the injured party, he did not have any intention or ability to pay the money properly.

Nevertheless, Defendant 1 made such a false statement to the victim and used by Defendant

G A total of KRW 10 million was remitted on December 16, 2016, and KRW 15 million on December 17, 2016, and KRW 1,000,000,000,000 from that time to March 29, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to a copy of the details of deposit and withdrawal transactions, a certificate of electronic financial transfer results, a detailed statement of deposit transactions, a receipt, and a copy of personal rehabilitation data

1. Relevant Article 347 of the Criminal Act concerning criminal facts: Article 347 (1) of the Criminal Act (generally, choice of imprisonment with prison labor);

1. Suspension of execution: The provision of Article 62(1) of the Criminal Act shall not apply to cases where the quality of a crime is somewhat weak because the amount acquired by the defendant from the damaged person is not specified in the reason for sentencing;

However, the defendant appears to have borrowed money as operating expenses from the damaged person in the course of running the main points, and there is no criminal history before the case, the amount of damage has been repaid to a considerable amount, and other factors such as the defendant's age, sex, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, etc. are determined as above in consideration of the following factors.