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

The defendant runs the same kind of construction business as the victim D and is divided by friendship.

1. On April 2009, the Defendant made a false statement to the victim at the office of the interior management business office operated by the victim in Bupyeong-gu Incheon, Bupyeong-gu, Incheon. The Defendant stated that “I will raise money from the outside, while doing apartment sales business. I will make a loan to the victim; hereinafter the same shall apply).”

However, the Defendant did not have any property and income at the time, and the apartment sales business that was in progress in the Gyeongjin had not been the beginning of the construction work, and the total amount of KRW 30 million was not paid due to the personal debt and the bonds in arrears and did not have any intent to repay the borrowed amount and ability.

Around May 12, 2009, the Defendant, by deceiving the victim as above, received KRW 28.5 million from the Defendant’s agricultural bank account under the name of the Defendant as the borrowed money.

2. Around June 2009, the Defendant made a false statement to the victim, stating, “I will lend only one amount of money to the victim with a sales business.”

However, the defendant did not have the intent and ability to repay the borrowed amount for the same reason as Paragraph 1.

The Defendant, as above, by deceiving the victim, received from the victim a remittance of KRW 5 million from the non-deposit account around June 30, 2009 as the borrowed money.

As a result, the Defendant was issued a total of KRW 33.5 million on two occasions by deceiving the victim.

Summary of Evidence

1. The defendant's legal statement (the statement on the fourth trial date);

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes on content certification, loan certificates, promissory notes, and account transactions;

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

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The scope of the recommended sentences for the sentencing criteria;