A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

1. On July 2, 2014, the Defendant made a false statement to the victim B, “I will complete payment after one month if I lend three million won, which is necessary to obtain the bean value, to the victim B.”

However, in fact, the defendant had a debt equivalent to KRW 370,000,000 at the time, and the proceeds from the operation of the two factories had been used for full repayment of all debts and living expenses, so even if he borrowed money from the injured party, he did not have an intention or ability to repay it.

The defendant deceivings the victim as above and acquired 3 million won from the victim to the post office E account in the name of the defendant on the same day.

2. Around August 14, 2014, the Defendant made a false statement to the victim that “I would complete payment with the chain store charge if I lend the material cost to the G restaurant chain store located in Youngam F.”

However, in fact, the defendant had a debt equivalent to KRW 370,000,000 at the time, and the proceeds from the operation of the two factories had been used for full repayment of all debts and living expenses, so even if he borrowed money from the injured party, he did not have an intention or ability to repay it.

As above, the Defendant: (a) deceiving the victim as above; (b) obtained 7 million won under the same name as the loan money from the victim; (c) obtained 3 million won under the same name as around September 12, 2014; and (d) obtained 7 million won under the same name as around September 13, 2014; and (b) acquired 27 million won under the same name as around September 17, 2014 from the victim to the H account in the name of each Defendant’s name.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to B;

1. Application of Acts and subordinate statutes regarding each loan certificate, each lease contract photograph, the specifications of savings deposit transactions, and the details of financial transactions;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;