A defendant shall be punished by imprisonment for not less than three months.

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

Punishment of the crime

On May 16, 2013, the Defendant loaned KRW 10 million to the victim D with a zone A5 in Ulsan-gu building C in Ulsan-gu, Ulsan-gu, Seoul-do on May 16, 2013.

After the two months, the house and the land will be repaid even if they are sold if they are not paid up.

“......”

However, even if the Defendant borrowed money in excess of KRW 100 million at the time, the Defendant did not have any intent or ability to repay the money even if she borrowed money from the damaged party.

Nevertheless, the Defendant’s aforementioned false statement and the Defendant’s indictment in the amount of KRW 9,400,000,000, which deducts the interest from the account in his own name, is obvious that the “9,400,000,000 won” is a clerical error. Thus, the Defendant’s above statement is correct.

of this case, he received remittance and acquired it.

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 regarding transaction details;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (referring to the part favorable to the following reasons for sentencing)

1. The sentencing criteria [the scope of the recommended punishment] and the sentencing criteria [the range of the recommended punishment] set forth in the category 1 (less than KRW 100 million) and the mitigated area (one month to one year) are not subject to the punishment;

2. Based on the above sentencing criteria, the sentence shall be determined as ordered in full view of the following factors, including the defendant's age, sex, environment, and motive of crime:

The favorable circumstances: The fact that the injured party makes a confession at the latest, the fact that the injured party does not want the punishment of the accused in agreement with the injured party, and that it is the first offender.

In light of these points and the economic circumstances of the defendant, the execution of punishment shall be suspended.

Unfavorable circumstances: It seems that there is no reflective form, and that there is a recent problem of fraud by lending money to the defendant with no financial ability.