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 of the final judgment.

Punishment of the crime

On July 17, 2008, the Defendant was sentenced to a suspended sentence of one year for violating the Tourism Promotion Act at the Seoul Central District Court, and the said judgment became final and conclusive on July 25, 2008.

Around May 2007, the Defendant: (a) at the Defendant’s pawnpo Office near the Gungbuk-gu Gungbuk-gun, Gangwon-do Gung-gun Casino; (b) the Defendant said that “Any person would borrow KRW 32 million as security the Ecoo vehicle.” (c) the Defendant provided that, within the Republic of Korea, he would lend 32 million won to any person who intends to take a coo vehicle as security and lend money to any third party; (d) the monthly interest rate of KRW 5%; and (e) the Defendant would make repayment within ten (10) days upon the request of payment.”

However, the Defendant, while running the pawning business at the time, has accumulated only non-performing loans worth 200 million won. There was no apparent revenue or property other than the pawning business, and even if he borrowed money from the victim due to bad credit standing, there was no intention or ability to repay the money in time.

Nevertheless, the Defendant, as above, made a false statement to the victim and received 32 million won as the borrowed money from the victim.

Summary of Evidence

1. C’s legal statement;

1. One copy of the loan certificate;

1. References to criminal records and application of statutes in one copy of judgment;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 201Da1348, Apr. 2, 2011; Supreme Court Decision 201Da1448, Apr. 2, 20