A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On February 2, 2017, the Defendant was unable to obtain a loan under the current name of the victim B who was flicked with the Defendant on February 2, 2017.

When lending money, the existing loan will be repaid and the new loan will be paid after counting the credit rating for two months.

The phrase “ makes a false statement.”

However, in fact, since there was a personal debt worth KRW 30 million at the time and most of the profits earned from the operation of a restaurant were used as the repayment of loan interest, etc., and the living expenses are insufficient, even if the money was borrowed from the injured party and the existing loan was used as living expenses, etc., there was no intention or ability to obtain a new loan and repay the debt to the injured party.

On February 18, 2017, the Defendant received KRW 6 million from the injured party to the Industrial Bank of Korea account under the name of the Defendant around February 18, 2017, and received a total of KRW 46 million from around that time to June 26, 2017, as stated in the list of crimes in the attached Table.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A report on investigation (attaching a certificate of suspect's debts);

1. Application of Acts and subordinate statutes on transaction lists by account;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. In light of the contents of the instant crime committed by a person who has caused damage to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act by using the Defendant’s trust to obtain unnecessary loans, the considerable amount of money up to 46 million won is extremely poor, and the victim is a considerable economic and mental penalty due to the instant crime.