A defendant shall be punished by imprisonment for six months.

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

Criminal facts

1. Around April 2, 2011, the Defendant committed the crime: (a) around April 2, 2011, at the singing room operated by the Defendant in Yongsan-gu, Yongsan-gu; (b) “E bid for the goods of the Public Procurement Service; and (c) if the Defendant borrowed money to E, he/she would give seven (7) interest after a week.”

However, even if the defendant received money from the victim, he was scheduled to use it to E, and there was no intention or ability to repay the excessive debt at the time.

Nevertheless, the Defendant received 11 million won from the victim who was in the above false statement to the E account used by the Defendant in the name of loans.

2. On June 21, 2011, around June 21, 2011, the Defendant: “Around June 21, 2011, the Defendant sent a phone call to the victim in the singing room to pay the interest at the rate of 4% per month if the Defendant borrowed the money that is urgently needed; and the principal will be repaid after two months.”

However, the defendant did not have any intention or ability to repay the money even if he borrowed the money from the victim because of the excessive debt at the time.

Nevertheless, the Defendant received KRW 10 million from the victim who was at the end of the foregoing false statement to the account under the name of the Defendant, i.e., borrowed money.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. An interrogation protocol of the accused by the prosecution (including E, D, and D);

1. Application of Acts and subordinate statutes of a loan certificate and demand note and each specification of transactions;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The crime of this case with the reason of sentencing under Article 62(1) of the Criminal Act is that the criminal defendant acquired the money of the victim two times from the victim and the quality of the crime is not provided in light of the method of crime and the amount of fraud, and that the criminal defendant was sentenced to a punishment for the same kind of crime around 200.