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

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

Punishment of the crime

On July 2, 2010, the Defendant made a false statement to the victim C, stating that “The Defendant would return money to the victim C, who invested KRW 20 million in the Category D’s store that had been working prior to the loan of KRW 20 million to the victim C, in order to make the overlap between the family and the shipping unit, in his/her trade name on the fourth floor of the Busan Jin-dong, Busan, and where it is unknown, the Defendant would return money from September 2, 2010. In addition, on September 2, 2010, the Defendant would give 3% interest of each month.”

However, even if the defendant borrows money from the victim, he did not have a plan to rent a restaurant as he was in the same kind of business and was thought to use it as living expenses, and there was no money invested in the clothing store, so there was no intention or ability to pay the borrowed money to the victim within the agreed period.

The Defendant received a total of KRW 20 million from the victim to the 9th day of the same month, in total, three times from the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of content certificate and loan certificate Acts and subordinate statutes;

1. Article 347(1) of the Criminal Act, the choice of applicable law and punishment concerning the facts constituting a crime, and the choice of imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( comprehensively taking into account all the circumstances, such as the fact that there is no criminal conviction or heavier punishment of suspension of execution, the fact that the victim's damage is relatively small, and the serious reflect

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;