A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Criminal facts

On May 15, 2012, the Defendant, around May 15, 2012, developed a patent technology for recycling cement removed at the construction site, using the victim’s clothes repair shop in the C market located in Geumcheon-gu Seoul Metropolitan Government, with the victim’s place of business in the vicinity of the supply site. The Defendant made a false statement to the effect that “The Defendant would make reimbursement 15 days after the business fund is loaned to the victim, because it is necessary to do so.”

However, there was no sales in 2011 and 2012 due to the above business, and even if there was no property or income in the name of the defendant, there was no intention or ability to repay the money properly.

Nevertheless, the Defendant received KRW 10 million from the victim for the same day as the loan, KRW 1 million on May 25, 2012, and KRW 5 million on June 12, 2012 from the victim to the account in the name of his/her father on the same day, and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the suspect examination protocol of the defendant by the prosecution;

1. Statement D in the police interrogation protocol of the accused;

1. Application of the police statement law to D;

1. Article 347 (1) of the Criminal Act by universal application of relevant provisions concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service and Criminal Act [Scope of Recommendation] Fraud (General Fraud] (Type 1): Reduction by June-1 year and June (Special Convicts): One month to one year (decision of sentence): Defendant's mistake is recognized; Defendant has agreed with the victim; Defendant's age, character and conduct; Defendant's previous criminal experience was committed before the crime in light of all the conditions of sentencing as indicated in the oral proceedings, such as the circumstances after the crime of this case, etc., the sentence of suspended sentence of imprisonment is imposed as ordered, and community service is provided for a certain period of time.