A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

The defendant around August 25, 2016, at the D office in Jongno-gu Seoul Metropolitan Government around August 25, 2016, "if a person who is well aware of the inside of the Republic of Korea lends 20 million won to the victim E a gold distribution business, he/she shall pay interest on every month, and he/she shall pay the principal and interest up to February 25, 2017, which is six months after the payment.

If it is not received, it will be possible to complete the payment.

The phrase “ makes a false statement.”

However, even if the defendant received KRW 20 million from the injured party, he was thought to use it for the repayment of the previous obligation, and there was no intention or ability to repay the borrowed money to the injured party due to economic circumstances.

Around August 25, 2016, the Defendant, by deceiving the victim as above, received KRW 20 million from the victim to the new bank account in the name of the Defendant, from August 25, 2016 to April 18, 2017, such as receiving KRW 22,00,000 from August 25, 2016 to the new bank account in the name of the Defendant, etc., to receive KRW 35,90,000 and KRW 4,000,000 in total, as shown in the list of crimes in the attached Table.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes governing filing of a complaint, receipt of loan (including KRW 20 million on August 25, 2016), details of transactions in each passbook, receipt of loan (see, e.g., Supreme Court Decision 200 million won), copy of passbook, statement of passbook transactions, general certificate of loan (see, e.g., Supreme Court Decision 2006Da1548, Feb. 14, 2017), investigation report (see, e.g., Supreme Court Decision 2008Da1248, Jul.

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment by law: Imprisonment for one to ten years;

2. Application of the sentencing criteria;

(a) Determination of types: The general fraud>> (Type 100 million won or less; the fraud crime>

B. There is no special sentencing factor:

(c)the territory of recommendations and the scope of recommendations: the basic territory;