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.

Punishment of the crime

1. On August 2016, the Defendant committed a crime in the middle of August 2016, the Defendant would lend money to the victim C on the first floor B 1, 2016, with the payment of money to the victim C until July 28, 2017.

“.....”

In fact, the Defendant did not have any income and did not have any property owned by the Defendant, and it was impossible to receive the payment of the fraternity because it was only one to two times, and the card payment was overdue, and the vehicle payment and the loan of money to the lending company did not have any intent or ability to repay it even if it was borrowed from the damaged party.

As above, the Defendant: (a) by deceiving the victim; (b) received from the victim, the amount of money equivalent to KRW 7,100,000 in total of the market price of KRW 3,550,000 in net gold 20,000 in the market price, namely, from the victim’s seat; (c) KRW 3,550,00 in the market price; and (d) KRW 7,100,00 in the market price of 20.

2. On November 2016, 2016, the Defendant: (a) made a false statement to the victim as stated in paragraph (1) on the first floor B B of the Seocho-si 1, 2016, stating that “I would lend money to the victim first borrow it with the gold.”

The defendant did not have any intention or ability to repay the money borrowed from the injured party, as described in paragraph (1).

As above, the Defendant: (a) received money equivalent to KRW 5,250,000 in total market price of KRW 5,250,000,000 from the injured party, namely, a net gold of KRW 20 in the market price of KRW 3,50,00,000; (b) a gold of KRW 875,00 in the market price; and (c) a gold of KRW 5,250,00 in the market price of KRW 5,00 in the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A certificate of borrowing and a Kakao Stockholm dialogue;

1. Investigation report (to attach market price data in the Korea Gold Exchange);

1. Application of Acts and subordinate statutes on credit information inquiry and replies;

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

1. The scope of applicable sentences under law: Imprisonment from January to February 15.