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. On April 2, 2014, the Defendant made a false statement to the victim C, stating, “The Defendant may lend money to any person gambling in a gambling place and receive high interest at the instant coffee shop located in the Daegu-gu Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu.

However, even if the Defendant received money from the victim, the Defendant was able to consume the money with the Defendant’s living expenses, etc., so there was no idea to lend money to the gambling person and receive the interest, and there was no intention or ability to pay the interest and the principal agreed to by the victim.

Ultimately, the Defendant: (a) by deceiving the victim as above; (b) received KRW 9.5 million from the victim to the Agricultural Cooperative Account on April 29, 2014; (c) KRW 5 million on May 10, 2014; (d) KRW 110 million on June 11, 2014; and (e) received KRW 39.5 million on June 19, 2014 from the Defendant’s criminal suspect by transfer, respectively.

2. On July 22, 2014, the Defendant defraudeded 5 million won by telephone to the victim C, and falsely concluding that “If only a certain amount of money is lent to the victim for a short period of 25 days, the Defendant would return the time limit money.”

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

The Defendant, as above, by deceiving the victim, received KRW 5 million from the victim as the borrowed money.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes of a list of self-reliance deposits;

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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 62-2 (1) of the Criminal Act on Probation;