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 became final and conclusive.

Punishment of the crime

In August 2012, the Defendant operated the victim D, who had been in the relationship of pet at the time of the front of the road of the Daegu Jung-gu, Daegu-gu, with the punishment of "I am".

In other words, it is necessary to pay money to the other party, and it is necessary to pay money to the new business, including 5% interest within 3-4 months from the loan of money.

The phrase “ makes a false statement.”

However, in fact, the Defendant did not have operated typists, even if she borrowed money from the victim, it was thought that she used it in the sports gambling “top”. The Defendant did not have any property under the name of the Defendant at the time, and there was no separate loan obligation amounting to KRW 20 million, and there was no occupation with certain profits, so there was no intention or ability to repay the borrowed money to the victim.

As above, the Defendant: (a) received transfer of KRW 5 million around August 21, 2012, KRW 8.7 million around September 18, 2012, and KRW 8 million around September 19, 2012, from a national bank account in the name of the Defendant E under the pretext of borrowing money from the victim; and (b) received a total of KRW 21.7 million from the victim on September 19, 2012.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the first suspect examination protocol against the defendant, or the second suspect examination protocol against the defendant (including part concerning D confrontations among the second suspect examination protocol);

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the E-name national bank account statement, and a new bank account statement in the complainant's name;

1. Article 347 (1) of the Criminal Act, and the choice of imprisonment, inclusive, with prison labor under Article 347 of the Criminal Act and the choice of applicable laws and punishment for the crime

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant acquired money from the victim who was a chain relationship at the time, and used the money by fraud, and that he did not pay the money for a long time to the victim is disadvantageous.

However, the defendant has recovered part of the damage to the victim during the trial of this case (the defendant).