A defendant shall be punished by imprisonment for not less than eight 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 December 14, 2010, the Defendant would return to the victim D within 4 to 5 months by lending the amount of money to KRW 20 million from the victim D on December 14, 2010.

“A false statement” was made.

However, in fact, the defendant did not have certain income and did not have property under the name of the defendant, and it was a situation in which the defendant borrowed money of KRW 210 million from many people without the defendant's funds to open a house.

In addition, even if a house is operated due to the lack of experience in operating the house, it is impossible to measure the profit to a certain extent, and there is no objective profit.

Therefore, even if money is borrowed from the injured party, there was no intention or ability to repay it.

Nevertheless, the Defendant received KRW 20 million from the injured party on March 15, 201, including the receipt of KRW 20 million from the same agricultural cooperative as the same agricultural cooperative on the 15th of the same month from the injured party, and received KRW 65 million in total on three occasions by March 15, 201, as shown in the list of crimes in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes governing a certificate of custody of cash (in the name of two books of investigation record), a loan certificate (in the name of six pages of investigation record), a promissory note (in the name of two books of investigation record), two pages of investigation record;

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. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution (Considering the circumstances of the reasons for sentencing as follows) [the scope of sentencing] from January to ten years [the type of sentencing] [the amount below KRW 100 million] fraud] [the elements for mitigation: in a case where punishment is not imposed or considerable damage is recovered (the scope of the recommended area], in a case where punishment is not imposed or considerable damage is restored [the scope of the recommended area], in a case where one month to one year [the sentence] was reduced, in a case where the defendant did not obtain money from the damaged person and compensate for damage after a considerable period of time, the defendant did not compensate for damage. The defendant made a cash custody and promissory note at the victim’s request to repay the money.