A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On April 16, 2008, the Defendant made a false statement to the effect that “The Defendant would receive advance payment from the victim D, who borrowed KRW 20 million from the victim D in Seocho-gu Seoul Metropolitan Government, and would receive it after a day.”

However, the defendant was not in a situation where he could receive money from the victim immediately after he received money from the victim, and even if he received money from the financial situation such as the bad credit standing and there was no special property, there was no intention or ability to make timely repayment to the victim even if he did not receive money from the victim.

The defendant acquired 20 million won from the victim's seat from the victim, i.e., the victim acquired it.

2. Around May 16, 2008, the Defendant did not collect the construction cost from the victim at the place specified in Paragraph 1.

It is urgently required that money be paid up to 3.8 million won, and it is also required that money be repaid up to 3.8 million won prior to loaning.

The purpose was to make a false statement to the effect that "...."

However, the defendant was not in a situation of properly collecting the construction cost at the time, and even if he received the above money due to a very bad financial relationship, such as the bad credit standing and the absence of special property, he did not have the intent or ability to timely repay the money to the victim.

The defendant acquired 3.8 million won from the victim's seat and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each Act and subordinate statutes to the police statement of D;

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending punishment] There is no basic area (6-100,000 won or less) (6-100,000 won or less) (6-10,000 won) (the decision of sentencing] Defendant agreed with the victim. The victim does not want the defendant's punishment, and the defendant is against the victim.