A defendant shall be punished by imprisonment for six 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

On August 9, 2012, the Defendant made a false statement to the effect that “Around August 9, 2012, the Defendant borrowed KRW 12 million to the victim, who is operated by the victim C in Chang-gu, Chang-gu, Seoul, to the effect that “I will complete payment within two months, if I want to expand the whole business.”

However, the defendant did not have any other income than KRW 2,00,000,000 in monthly income, and it is difficult to pay more than KRW 5,00,000 per month interest on the defendant's bonds over KRW 70,000 per month, and even if he borrowed money from others, he did not have any intention or ability to complete payment, and it was thought that he would be used to pay interest on bonds, which is not the Kim Delivered project.

The defendant was given KRW 12 million to the victim on the same day under the pretext of borrowing money.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes on complaint copies and bankbook copies;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of recommendations according to the sentencing guidelines [the scope of recommendations] general fraud (less than 100 million won) and the basic area (less than 6 months of imprisonment or one year and six months);

2. There are reasons for sentencing unfavorable to the defendant, such as the fact that the defendant who was sentenced to the sentence did not obtain a certain amount of money through the crime of this case, and that there is no agreement with the victim.

However, the fact that the defendant divided the wrong and reflects the wrong, the current fact that the defendant is currently going to pay a certain amount of money each month while working as a cargo vehicle article, the fact that there is no criminal power except that sentenced to a fine once due to the violation of the Road Traffic Act, the fact that the defendant has the old and children who should support the defendant, and other reasons.