A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

On November 30, 2016, the Defendant was sentenced to imprisonment for six months with prison labor for a violation of the Road Traffic Act at the Changwon District Court's Jinju branch on November 30, 201, and the judgment was finalized on December 8, 2016.

1. On January 20, 2016, the Defendant, at the early January 20, 2016, concluded that “C” in the “C” located in Sacheon-si B would have to pay the victim a debt amounting to KRW 10 million per month if he/she borrowed the victim D with KRW 10 million.

However, at the time, the Defendant had no property owned by the Defendant and had a debt equivalent to KRW 18.2 million, and there was a certain amount of income equivalent to KRW 1.8 million every month, but since the Defendant spent living expenses more than 80,000 as the principal and interest of the loan was disbursed every month, there was no intention or ability to repay the amount even if he borrowed money to the victim.

Nevertheless, the Defendant deceivings the victim as above, and received KRW 10 million from the victim’s account in the name of the Defendant (Account Number F) around January 20, 2016.

2. On July 8, 2016, the Defendant made a false statement on July 2016, 201 to the effect that “The Defendant would receive sirens from supply machinery to the factory by selling it to the family-gu G business (construction tools and steel products). G would receive rental proceeds, making an investment in the machinery, and pay the existing loan out of the investment proceeds. Accordingly, the Defendant would lend KRW 9 million to the Defendant.”

However, at the time, the Defendant borrowed money from G to pay his interest on his own loan, and there was no property owned by him even though there was no property owned by him, and since there was a certain amount of income, but there was no intention or ability to pay the interest on his loan, even if he borrowed money from the victim, since the Defendant borrowed money from the victim, he did not have any property owned by him.

Nevertheless, the Defendant deceivings the victim as above, and thereby, received nine million won from the victim on July 8, 2016.