A defendant shall be punished by imprisonment for six 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

On July 9, 2015, the Defendant would lend money to the victim C at H University dormitories located in the city of low-demanding Chinese storage, with his father within 2-3 days from the loan of money to the victim C.

“A false representation was made.”

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.

The Defendant, as such, by deceiving the victim, was issued a 250,000 bill (which is equivalent to KRW 45,635,00,000) under the name of the same day from the victim.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement made by C by the witness in the second public trial protocol;

1. The loan certificate, the Kakao Stockholm conversation, the text message, and the account transaction details;

1. In light of the following circumstances acknowledged by the evidence duly admitted and investigated, the instant facts charged is recognized.

(1) The victim consistently made a statement from an investigative agency to this court on the background leading up to lending money to the Defendant and the method of preparing the money.

② On August 21, 2015, the Defendant drafted a loan certificate with the amount of KRW 40,000,000 with the victim’s amount of KRW 40,000,000, and dialogueed with the victim to recognize and change the amount of KRW 40,000 with the Kakao Stockholm.

③ In relation to the Defendant’s failure to graduate from the Defendant’s office, the Defendant received intimidation from the victim and prepared a certificate of borrowing.

See the allegation that “this is alleged.”

However, the argument is not consistent, and it is difficult to believe in light of the Kakao Stockholm dialogue contents as well as the contents of the argument.

Application of Statutes

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 25(3)3, Article 32(1)3, and Article 25(2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss a Compensation Order: