A defendant shall be punished by imprisonment for six months.

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

On September 30, 2014, the Defendant, within the C cafeteria located in Ulsan-gu, Ulsan-gu, Ulsan-gu, 2014, intends to show to the injured party D (n, 60 years of age) “A person operating a water shoot business, who is going to do so with KRW 25 million and KRW 2.5 million per month with the partner’s duty not to do so.

In the case of lending KRW 25 million to the partner, it was false to pay the profit to the partner.

However, in fact, the defendant did not engage in the business and intended to use the borrowed money for personal purposes, such as living expenses, and the debt amount is equivalent to 36 million won at the time, while the water shoot project did not have the intent or ability to pay the monthly proceeds to the victim because there was no certain amount of profit.

The Defendant, as such, by deceiving the victim and immediately received KRW 25 million from the damaged party to the E account under the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The letter of loan, the letter of payment;

1. Application of Acts and subordinate statutes on account details and repayment details;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is not good in light of the contents and method of the instant deception, and even after four years have passed since the commission of the crime, it is recognized that the victim was not fully agreed with the victim, but did not have been punished for the same kind of crime. The depth of the crime is divided after the commission of the crime, and the remaining amount of damage is relatively small at present by paying the amount of damage in equal installments, and the conditions of the sentencing as indicated in the record such as the defendant's age, occupation, sex, sex, family relation, living environment, circumstances leading to the crime, etc. shall be determined by taking into account the following factors: the execution of the sentence shall be suspended