A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

The defendant and the victim E are middle school clubs, and they are in a relationship of friendship.

At around 11:00 on May 6, 2014, the Defendant stated to the effect that “The Defendant would immediately pay to the Defendant the Defendant money that he/she received from the Credit Guarantee Fund with a guarantee from the Credit Guarantee Fund and paid in lieu of the loan due to the loan from the first financial right unless the loan from the second financial right is due to the high interest rate on the loan from the second financial right.” On the other hand, the Defendant stated to the effect that “I would immediately pay in lieu of the loan from the second financial right, the Defendant would receive the guarantee from the Credit Guarantee Fund and pay in lieu of the loan from the second financial right.”

However, even if the Credit Guarantee Fund is able to obtain a loan by obtaining a guarantee from the Korea Credit Guarantee Fund after the Defendant repaid the debt with the money received from the injured party, it was thought that the loan was used for the repayment of other debts, and there was no intention or ability to pay the victim

As such, the Defendant, by deceiving the victim, received KRW 5,104,741 from the damaged person to the account under the name of the Defendant, and acquired it by transfer, and acquired KRW 100,628,951 in total on seven occasions from around that time to June 2, 2014, as shown in the attached crime list, or acquired by remitting KRW 100,628,951 in total to the account under the name of the Defendant, as shown in the attached crime list, from around May 7, 2014.

Summary of Evidence

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes to a complaint, inquiry into details of account transactions, and report on investigation (in relation to submission of documents on suspect's debt details);

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 crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act (the following sentencing takes into account the favorable circumstances in mind) of the suspended sentence is to receive a loan from the first financial right on the face of the principal by repaying the loan obligations of the second financial right to the victim of the sexual intercourse with the middle school.