A defendant shall be punished by imprisonment for four months.

However, 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

1. On December 10, 2012, the Defendant against the victim C made a false statement that “A victim C would have to open a restaurant located in Gyeyang-gun E” to the victim C. If the victim borrowed a shortage of KRW 20 million,00,000,000, not later than March 10, 2013.”

However, the fact was that the defendant had already been in excess of his obligation with credit card debts, etc., and because there was no property under the name of the defendant, there was no intention or ability to repay the borrowed money to the victim.

The Defendant, as a result, received KRW 15 million from the victim under the pretext of interior expenses. On March 14, 2013, 201, KRW 24 million on March 18, 2013, KRW 200,000 on March 27, 2013, KRW 27 million on March 29, 2013, and KRW 24 million on March 29, 2013.

2. Around April 17:00 on April 5, 2013, the Defendant made a false statement to the victim F that “The Defendant would pay the victim F with interest at KRW 300,000,000 if the credit card was deposited after 3-4 days after the payment.”

However, the fact was that the defendant had already been in excess of the debt due to credit card debt, etc. and the restaurant operated by the defendant was accumulated, so there was no intention or ability to repay the money even if it was borrowed from the victim.

The defendant received 14 million won from the victim as the borrowed money on the same day, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to C and F

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. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;