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

The Defendant is a person operating a garment producing company called “B”, and the victim C is a person operating an enterprise producing party supplies in the same trade name.

around October 5, 2018, the Defendant borrowed money from “E” located in Gangnam-gu Seoul Metropolitan Government D, which requires funds, such as the purchase cost of the raw group, and paid the principal by September 30, 2019.

The phrase “ makes a false statement.”

However, as the Defendant was under serious financial difficulties to the extent that he could not pay the wages and retirement allowances of the employees at the time, the Defendant did not have any intent or ability to pay the principal and interest as agreed upon even if he borrowed the money from the injured party.

Ultimately, the Defendant, by deceiving the victim as such, received money from the victim to the account in the name of the Defendant on October 8, 2018 from the victim, and acquired money from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness C and F;

1. Application of Acts and subordinate statutes to one copy of a contract of borrowing and lending prior to gold consumption, a letter of commitment, a statement of deposit, a certificate of receipt of cash, a certificate of fact of receipt of cash, an investigation report (influence of credit information), a report on investigation of credit information notification (in this case, confirmation of the suspect's delayed payment of wages), an investigation report (influence of telephone statements in the name of the account received from the defendant), and a report on data submitted G

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

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

1. Determination as to the assertion of the denial of the fraud by the defendant and his defense counsel under Article 62-2 of the Criminal Code of the Social Service Order

1. The intent of defraudation, which is a subjective constituent element of fraud, shall be determined by taking into account the objective circumstances such as the Defendant’s financial history, environment, details of the crime, and the process of performing transactions before and after the crime, unless the Defendant makes a confession. The intent of the crime is sufficient not to be a conclusive intention, but to be dolusent intention, and in particular, by defraudation in the monetary borrowing relationship.