A defendant shall be punished by imprisonment for not more than ten months.

except that 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 2, 2011, the Defendant loaned money to the victim B in front of the Taek-dong, Taek-dong, Taek-si, Taek-dong, to another person, the Defendant said that he would lend his money to the other person, and that he would pay 2% interest per month to the other person.

However, at the time, the Defendant was unable to make a false statement to the victim due to the shortage of gambling funds while running a game in the Gangwon-do Casino, and there was no intention or ability to repay the amount even if he borrowed money from the victim due to the lack of income.

The Defendant received a remittance or delivery of KRW 13.5 million in total from December 26, 201 to January 27, 2012 from the victim.

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

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to a complaint (including a loan certificate attached thereto);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria (Scope of recommending punishment), general fraud, type 1 (less than 100 million won), basic area (one to one year and six months for imprisonment) (no person specially punished);

2. Consideration, such as the fact that damage has not been recovered in a sentence;