A defendant shall be punished by imprisonment with prison labor for not more than ten 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

Around October 22, 2012, the Defendant made a false statement to the victim E, stating, “The Defendant would lend money to the victim E at a D cafeteria located in Naju-si.”

그러나 사실 피고인은 당시 운영하던 꼼장어집 매출 감소로 인건비, 재료비조차 감당하지 못하게 되자, 빌린 돈을 가게 운영비에 사용할 생각이었다.

In addition, since the defendant, who was in a bad credit standing, did not have any particular property, there was no intention or ability to complete payment even if he borrowed money from the victim.

Nevertheless, as above, the Defendant, by deceiving the victim as above, received KRW 10,00,00 from the victim's forum, that is, from the victim's forum, to April 29, 2013, and acquired 14,00,000 won in total from the victim's forum, such as the list of crimes in the attached Form.

Summary of Evidence

1. Defendant's legal statement;

1. Statement E in the suspect examination protocol of the accused by the prosecution;

1. Application of the Acts and subordinate statutes of the loan certificate, account books, account inquiry, and detailed statement of transactions in free savings;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act: (a) The reason for sentencing under Article 62(1) of the suspended sentence includes the defendant’s age, including the full amount of damage (the defendant and the victim agreed to the settlement of claims and obligations that the defendant would pay KRW 60 million to the defendant), the agreement was made with the victim; (b) the defendant has no record of criminal punishment except once a kind of fine; and (c) the defendant has divided the defendant’s mistake; (b) the amount of damage was significant; and (c) the victim suffered a considerable mental pain due to the instant crime (the investigation record No. 135 pages).