A defendant shall be punished by imprisonment for six 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 May 7, 2015, the Defendant received loans from the victim E who is an employee at “D cafeteria” operated by the Defendant himself/herself in Daegu-gu, Daegu-gu, with the payment of the card payment, if he/she lends money to the employee E.

“A false representation was made.”

However, the Defendant, at the time, was liable to pay KRW 15 million to the lending company because it was difficult to operate the restaurant, and the loan was paid KRW 2.5 million per month to the lending company, and it was no longer possible to lend the loan due to the bad credit standing, and the credit card that was used as the restaurant operating expenses was in the past preventing the refund of the credit card by the credit card of each other because it was in the absence of the ability to pay the loan even if the Defendant borrowed money from the damaged party.

Nevertheless, the defendant deceivings the victim as above and transferred 10 million won to the victim as the borrowed money.

In addition, the Defendant received a total of KRW 36,40,000 from the victims on 12 occasions as stated in the list of crimes in the attached Table from June 20, 2016, respectively, from the victims on a total of 12 occasions as the borrowed money.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to F, E, and G;

1. Application of Acts and subordinate statutes on remittance of each bankbook;

1. Article 347 (1) of the Criminal Act and Article 347 of the Criminal Act as to the facts constituting an offense, and the choice of imprisonment;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the following conditions considered in favor of sentencing)

1. Where the scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines is [the scope of the recommended punishment] and the area of mitigation (one month to one year) (the area of special mitigation) is reduced (one month to one year), the punishment is not imposed, or damage corresponding to a considerable portion is recovered;

2. Circumstances unfavorable to the decision of sentence: A loan shall be made by the Defendant by actively deceiving several victims, including E, of his/her own person;