A defendant shall be punished by imprisonment for one year.

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

The defendant knew that the victim C has a large amount of money through funeral services, he had access to the victim and agreed to lend money to the victim and acquire it by fraud while promising a high interest.

On June 30, 2014, the Defendant made a false statement to the effect that the Defendant would provide the victim with the interest on five (5) copies of the loan, as the business fund needs to be paid, and the principal shall also be repaid.

However, the Defendant did not have any special property due to bad credit standing at the time, and the Defendant’s operation of the “D” company run by the Defendant was difficult. In fact, the Defendant intended to receive money from the injured party and borrow money from another person and receive interest therefrom, but did not establish a security or a loan certificate from the other party while lending money, and even if the Defendant did not understand the personal information of the other party, there were many difficulties in distributing the money even if he did not receive the money, and thus, he did not have any intent or ability to repay the money even if he received money from the victim.

Nevertheless, the Defendant, as such, by deceiving the victim, received KRW 20,000,00 from the victim as the loan money from the victim on the same day, and received KRW 192,950,000 from the victim through the same method as shown in the list of crimes in the attached Form from January 2, 2015 of the same year, from the victim through the same day.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of Acts and subordinate statutes on loan statements;

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

1. The reason for sentencing of Article 62(1) of the Criminal Act is as follows.