A defendant shall be punished by imprisonment for six months.

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

[Basic Facts] Around February 2, 2015, the Defendant had been employed as an employee at the D main points located in Seocho-gu Seoul Metropolitan Government, and had repeatedly lent deposit money, living expenses, etc. while maintaining a friendly relationship with the victim E, a customer, who is a customer. However, the Defendant did not pay the principal and interest.

[Criminal facts] The Defendant was working for the Defendant in Seocho-gu Seoul Metropolitan Government on February 2, 2015

D At the main point, there is a lack of money in order to open a new drinking house to victims E who visited the place as a customer.

On the other hand, a loan of KRW 20 million will be received within one month from the " alcoholic beverage loan" and repaid with the money of KRW 20 million.

“A false statement” was made.

However, in fact, even if the Defendant received a “ alcoholic beverage loan” under the circumstances where there is no particular income or property, he did not intend to use the loan in repayment of the loan, living expenses, etc., and did not have any intent or ability to use the loan in repayment of the borrowed money or to repay the money to the victim within one month.

Nevertheless, the Defendant, as seen above, received KRW 20 million from the victim to the Agricultural Cooperative Account under the name of the Defendant on the same day from the victim and acquired it by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement of the defendant's partial statement in the protocol of interrogation of the suspect against the defendant by the prosecution (including the statement of the E);

1. Each investigation report (Nos. 3, 6, 9, and 12 once a year);

1. Credit information (netly No. 5), details of each account transaction (No. 7, No. 13) and Kakao Stockholm dialogue (netly No. 10), application of the laws and regulations on passbook transactions (netly No. 15);

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Determination as to the assertion by the Defendant and the defense counsel under Article 62(1) of the Criminal Act (the following grounds for sentencing)

1. The injured party of the claim shall be the injured party.