A defendant shall be punished by imprisonment for not less than eight 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. On September 201, 201, the Defendant made a false statement to the effect that “D” restaurant operated by the victim C in Changwon-si, Changwon-si, the Defendant would be able to pay money to the victim immediately due to the shortage of operating funds on the property.”

However, at the time, the defendant did not have any property, and most of the money borrowed from the victim is thought to be used for the cost of living, so even if he borrowed money from the victim, he did not have any intention or ability to pay it.

As such, the Defendant, by deceiving the victim as such, received KRW 2 million from the victim to the account under the name of the Defendant on September 19, 201, and received KRW 5 million on September 26, 201 in the same manner, and received KRW 21 million in total from the victim under the name of the Defendant on October 18, 201, KRW 3 million on October 19, 201, KRW 7 million on October 18, 201, KRW 10 million on November 11, 201, and KRW 3 million on January 6, 2012.

2. On February 7, 2012, the injured Defendant: (a) around 08:30 on February 7, 2012, at the F office run by the Defendant in the window E of Changwon-si, carried out the shoulder of the victim C (the age of 52) that demands the Defendant to pay the borrowed money in hand, and carried out multiple tights that require approximately two weeks of the victim’s face at one time due to drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Statement C in the police interrogation protocol of the accused;

1. Each police statement of C;

1. Application of Acts and subordinate statutes to the head of an accusation;

1. Relevant Article 347(1) of the Criminal Act, Article 257(1) of the Criminal Act and Article 257(1) of the Criminal Act and the choice of imprisonment for a crime;

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

3. Article 62 (1) of the Criminal Act (Consideration of sentencing)

4. The Defendant, for the reason of sentencing under Article 62-2 of the Probation Criminal Act, has obtained a considerable amount of money against the victim.