A defendant shall be punished by imprisonment with prison labor for four 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 February 2, 2017, the Defendant made a false statement to “D” coffee Co., Ltd. in Jeju-si, stating that “The Defendant may receive 2% monthly payment if he/she operates a loan business, and lends money to another person,” and that “I would like to pay the principal and interest within three months after he/she establishes real estate or motor vehicle security.”

However, the Defendant did not have operated a lending company that established a security at the time and lent money. In the absence of any particular property or fixed income, the Defendant was under pressure to repay the debt of KRW 60 million with a loan to the lender, and there was no intention or ability to repay the loan even if he borrowed money from the damaged party.

Nevertheless, the Defendant: (a) by deceiving the victim as above and receiving KRW 1 million in cash from the victim on January 13, 2017; (b) and (c) as indicated in the list of crimes in the attached Table, the Defendant was issued KRW 32,300,000 in total from May 18, 2017 to September 18, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. A certificate of borrowing;

1. Application of Acts and subordinate statutes on account transactions;

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. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of the fact that it is against the law, the fact that there is no record of crime exceeding the fine, and the fact that the injured person under an agreement with the injured party would take the wife of the accused);