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

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

Punishment of the crime

The Defendant received KRW 20 million from the victim’s account in the name of E to the account in the name of E, on January 17, 2007, with the following purport: (a) in the vicinity of the Defendant’s operation in the Gu C market during Ansan-si on January 17, 2007, the Defendant: (b) through E, the Defendant’s wife, entered into a contract for the water field for sale in A; and (c) there was no balance; and (d) if the Defendant borrowed KRW 20 million to pay for the remainder, he shall calculate the interest every month; and (d) he shall also repay the principal until October 17, 2007.

On January 20, 2007, the Defendant continued to receive KRW 10 million from the victim’s account in the name of E by stating that “If there is any shortage of balance in entering into a contract for a day warehouse, it would be possible to repay the balance immediately if it is difficult to repay the balance.”

However, even if the Defendant borrowed money from the victim, he was trying to use the money for the payment of the existing credit and for the cost of living, and did not intend to use it in relation to the dry field or the daily warehouse, and there was no intention or ability to repay the above loan due to the business depression of the Japanese wholesale business in the absence of any specific property.

The Defendant, in collusion with E, who is the wife, received the total sum of KRW 30 million from the victim on two occasions, and acquired it by fraud.

Summary of Evidence

1. Legal statement of witness F;

1. Application of Acts and subordinate statutes to the loan certificate, resident registration certificate, each certificate of personal seal impression, business registration certificate, and freely saving deposit passbook;

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of punishment;

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

1. The suspended sentence under Article 62(1) of the Criminal Act shall be determined in the same way as the main sentence, taking into consideration the following factors: (a) the amount of damage from grounds for sentencing; (b) the degree of participation by the accused in the crime; and (c) the