A defendant shall be punished by imprisonment for six months.

However, 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

1. Around 12:00 on January 20, 2014, the Defendant made a false statement to the effect that “Around January 20, 2014, the Defendant phoneed the victim B from the same-dong members of Jinju-si, and, at the same time, the Defendant was required to pay money with the business fund. If the Defendant borrowed KRW 10 million, the apartment will be repaid within one month.”

However, the defendant did not have any particular property, while he was liable for the debt worth KRW 760,000,000,000,000 for each month, and he had to pay the amount equivalent to KRW 6,000 as interest, and even if he borrowed money from the victim, he did not have any intention or ability to pay the money.

As above, the Defendant, by deceiving the victim as above, obtained KRW 10 million from the victim on January 21, 2014 and acquired it by deception.

2. On January 28, 2014, the Defendant made a false statement to the effect that “A victim C is engaged in Pacific business, but the money is urgently needed with the purchase price of agricultural materials. If the Defendant borrowed KRW 10 million, the Defendant would pay KRW 100,000 as interest per month and complete payment.”

However, the defendant did not have the intent or ability to repay the above even if he borrowed money from the victim.

As above, the Defendant, by deceiving the victim and deceiving the victim, obtained KRW 10 million from the victim around January 29, 2014, and acquired it by deception.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and C;

1. Application of Acts and subordinate statutes on deposits without passbooks;

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

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2(1) of the Social Service Order Criminal Act [the scope of recommending punishment] is not identical to that of the basic area (6 to 100 million won) (6 to 1 year and 6 months).