A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On January 17, 2017, the Defendant made a false statement to the victim D, who is a female living together in Ulsan-gu B building C, stating that “I will repay the monthly interest of KRW 250,000,000,000 to KRW 25,000,000,000,000,000.”

However, in fact, the Defendant was in bad credit standing and was in excess of the debt worth of approximately KRW 70 million, and the amount of benefits is not certain, and thus, the Defendant did not have any intent or ability to repay the debt even if she borrowed money from the victim.

Nevertheless, the defendant deceivings the victim as above and acquired it by receiving KRW 25 million from the victim's bank account in the name of the defendant's name as the borrowed money on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each investigation report (the sequence 6 through 8 of the list of evidence);

1. Application of Acts and subordinate statutes on the loan certificate;

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

1. The crime of this case for the reason of sentencing under Article 62(1) of the Act on the Suspension of Execution (hereinafter “the reason for the suspended sentence”) is that the defendant deceivings the victim to borrow money from the victim living together even though he did not have the intent or ability to repay the money properly even though he borrowed money from the victim in excess of his existing loan obligation, bond, etc. at the time, and thus, the crime of this case is not appropriate in light of the method and form of crime, the circumstance of the crime and the relationship with the victim, etc.