A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On December 29, 2009, the Defendant made a false statement to the victim E, “A monthly wage must be paid to the son in the building company by son. The current company circumstance is not good, and only KRW 20 million has been changed. After the two months, the Defendant would have to pay the son with money.” The payment of the interest will be made in two copies of the interest.

However, in fact, the Defendant did not have any particular occupation, and the monthly pension was used as his own cost of living, and the Defendant was well aware that he did not have any ability to repay the monthly pension. Thus, even if he borrowed money from the victim, the Defendant did not have any intention or ability to complete the payment.

On December 31, 2009, the Defendant received from the victim the money of KRW 20 million, and KRW 30 million on February 2, 2010, and acquired the money of KRW 50 million in total from the victim to the Defendant’s AF account.

Summary of Evidence

1. Legal statement of witness E;

1. E prosecutorial statement;

1. Statement to E by the police;

1. A E-document;

1. Application of the Acts and subordinate statutes on the slips of Solomon Mutual Savings Banks and the Jeonn Table;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances required under the following);

1. Determination on the Defendant and defense counsel’s assertion under Article 62-2(1) of the Criminal Act, Article 59 of the Probation, etc. Act

1. The summary of the argument is that the Defendant was unable to pay the money to the victim with the business failure of F, and the Defendant did not intend to receive the borrowed money from the victim, after hearing the horses that lack of funds for making soup from F. The Defendant did not intend to obtain the borrowed money from the victim.

2. The following circumstances, i.e., the Defendant, as well as the principal and interest, acknowledged by the evidence as seen earlier, even from the time the instant indictment was instituted until June 2013.