A defendant shall be punished by imprisonment for not less than five 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

1. On January 30, 2015, the Defendant: (a) lent the victim E with KRW 20 million to the victim’s 304-9-1603, Kimpo-si, Kimpo-si (hereinafter referred to as “FF childcare center operation funds operated by the Marina; and (b) if money is paid, to the victim E., he/she will receive childcare center subsidies after three months.

“The phrase “ was false.”

However, the defendant was in excess of his liability at the time, and there was no intention or ability to repay even if he borrowed money from the injured party due to no fixed income.

Nevertheless, the Defendant, by deceiving the victim as above, shall receive 20 million won from the victim to the national bank account in the name of the Defendant on the same day; and

2. On November 17, 2016, the Defendant: (a) was unable to request the victim to “the Kakakao Stockholm” as the Kakakao Stockholm on the ground of the fact that it was too urgent for the Defendant to do so; and (b) the Defendant’s refusal to do so would have to be repaid on December 5, 201 if it was lent KRW 1 million at that time.

“The phrase “ was false.”

However, the Defendant did not have any intent or ability to pay money on the date of promise even if he/she borrowed money from the injured party due to the absence of any fixed income.

Nevertheless, the defendant deceivings the victim as above and acquired 1 million won from the victim to the national bank account in the name of the defendant on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A certificate of deposit in a bankbook or a bank deposit certificate;

1. Kakao Stockholm messages;

1. Application of Acts and subordinate statutes to language messages demanding capital loans;

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The circumstances favorable to the defendant for sentencing of Article 62-2 of the Social Service Order Criminal Act (the fact that the defendant recognized his responsibility for the crime of this case, the defendant's primary crime, and the agreement with the victim).