A defendant shall be punished by imprisonment for not less than eight months.

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

Criminal facts

On January 30, 201, the Defendant lent KRW 20 million to the victim E through D at the office of the Seoul apartment district housing association in the Yansan-gu Seoul Special Metropolitan City around January 30, 201.

When lending KRW 20 million, only one month shall be used, and the interest for one month shall be calculated as KRW 8 million and the principal shall be paid without molding KRW 28 million including the principal.

It made a false statement to the effect that it is "....."

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it within one month.

On February 2, 2011, the Defendant: (a) by deceiving the victim; (b) received a transfer of KRW 18 million from the former bank account under the name of the Defendant to the former bank account; and (c) received KRW 20 million in total from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each part of the police statement in E and D, and each part of the prosecutor's protocol of examination of the defendant in each prosecutor's office E and D

1. Each investigation report and evidential materials attached thereto;

1. A complaint, cash storage certificate, and written confirmation;

1. Application of Acts and subordinate statutes concerning the examination of suspects to the accused;

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

1. It is so decided as per Disposition under Article 62(1) of the Criminal Act (the circumstances favorable to the defendant, such as the fact that the defendant made a confession of the crime in this case, and the fact that the defendant deposited 12,00,000 won for the victim, etc.) or more than the point of view;