A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Punishment of the crime

Around October 2010, the Defendant made a false statement to the effect that “The Defendant would open a gas station after a week” to the victim in the philosophical hall operated by the victim C in the window B of Changwon-si, the Defendant would pay 200,000 won per month to the victim and pay the principal on April 30, 201.”

However, there was no intention or ability to open a gas station or pay interest or principal to the victim at the time, since the defendant was scheduled to use the above money as personal debt or living expenses, even if he did not have any property, and even if he received the above money, he did not want to do so.

Accordingly, on November 3, 2010, the defendant acquired 50 million won from the victim through a new bank deposit account (D) in the name of the defendant on November 3, 2010.

Summary of Evidence

1. Partial statement of the defendant;

1. The application of Acts and subordinate statutes to report to investigation of C into the police statement, the certificate of funds borrowed, the receipt without passbook, and the details of account transactions;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The reasons for sentencing under Article 62(1) of the Criminal Act include the defendant with the same criminal records and the amount of fraud of this case, while on the other hand, an agreement has been reached smoothly with the victim, and the sentencing conditions such as the defendant's age, character and conduct, environment, background of the crime, circumstances after the crime, etc. shall be determined as per the order.