A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

1. Fraud;

A. On August 1, 2016, the Defendant made a false statement to the effect that “Around July 25, 2016, the Defendant borrowed KRW 5 million from the clothes store for the operation of the Victim C, which is located in Cheongju-si, a considerable amount of Cheongju-si, to the victim by October 25, 2016.”

However, in fact, the defendant was liable for approximately KRW 45 million at the time, and the defendant was unable to pay the amount of KRW 5 million, so even if he borrowed KRW 5 million from the injured party, there was no intention or ability to pay the amount.

On August 1, 2016, the Defendant received KRW 5 million from the injured party under the name of the borrowed money.

B. On August 22, 2016, the Defendant made a false statement to the effect that “The Defendant used only one month and borrowed KRW 2 million to repay” to the victim at the above place on August 22, 2016.

However, in fact, the defendant was liable for approximately KRW 50 million at the time, and the defendant was unable to pay the amount of KRW 2 million, even if he borrowed KRW 2 million from the injured party, there was no intention or ability to pay the amount.

The Defendant received KRW 2 million from the injured party on the same day as the borrowed money.

(c)

Around September 26, 2016, the Defendant made a false statement to the effect that “If the Defendant fails to repay by August 25, 2017, the Defendant would have made a false statement to the effect that “if the Defendant would have made a false statement to the effect that it would have been made, it would have lent eight million won to the Defendant as security for the singing practice hall operated by the Defendant,” at the notarial office of Nowon-gu E and 401, the Defendant would have transferred the singing practice hall operated by the Defendant.”

However, since the defendant had a debt of approximately KRW 5 million at the time, even if he borrowed KRW 8 million, he did not have the intent or ability to repay it, and even if he did not repay the borrowed money, he did not have the intention or ability to transfer the singing practice hall to the victim.

The Defendant received 8 million won from the injured party under the same day as the borrowed money.

Accordingly, the defendant is the victim.