A defendant shall be punished by imprisonment for four 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 August 2013, the Defendant lent KRW 20 million to the victim D, a construction company of the Defendant’s operation in Chungcheongnam-nam Budget Group B, to the effect that the Defendant would pay KRW 400,000 as a monthly interest, and would pay the principal when the multi-household housing construction work is completed in Chungcheongnam-nam Budget Group E.

However, in fact, the Defendant, as the bad credit standing at the time, committed about KRW 50 million in the principal of the obligation and did not pay interest thereon, and even if he borrowed KRW 20 million from the injured party, such as there was no plan to receive the construction cost, he did not have the intent or ability to pay the principal and interest to the injured party.

On September 30, 2013, the Defendant: (a) by deceiving the victim; (b) received KRW 10 million in the name of the borrowed money from the post bank account in the name of the Defendant’s Dong F to the post bank account in the name of the Defendant’s Dong F; (c) obtained KRW 7 million in the name of the borrowed money in cash on October 14, 2013; and (d) obtained KRW 3 million in the name of the borrowed money in cash on October 30, 2013, respectively, and acquired KRW 20 million in the name of the borrowed money in cash.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (report on confirmation of credit information as a suspect);

1. Application of Acts and subordinate statutes to a loan certificate, a copy of a post office passbook, and a credit information inquiry statement;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation [the scope of the recommended punishment] In the case where the mitigation area (one month to one year of imprisonment) (person with labor for less than 100 million) [the person with a special mitigation] is not subject to punishment or where considerable damage has been restored (the decision of sentence], the sentence shall be determined as ordered by taking into account all the conditions of sentencing as shown in the records, such as the defendant's age, sexual behavior, environment, circumstances before and after the instant crime, the circumstances before and after the instant crime, and the circumstances of the instant crime, etc.

Damage recovery shall not be made for a long period of time.