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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 2015, the Defendant would provide the victim C with KRW 300 million including the principal and interest within one week from the lending of KRW 100 million to the victim at the mutual infinite coffee shop located in Seocho-gu Seoul, Seocho-gu, Seoul.

“A false statement was made to the effect that it was “.”

However, in fact, the Defendant failed to receive reimbursement of KRW 90 million from the victim around June 2009, and the Defendant merely made a false statement to the victim for the purpose of recovering the above claim, and did not have any intent or ability to repay the principal and interest promised even if the Defendant borrowed the above money from the victim.

On June 8, 2015, the Defendant received KRW 100,000,00 from the damaged party to the bank account in the name of the Defendant.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by each prosecutor to the prosecution against D and C;

1. Application of Acts and subordinate statutes governing a certificate of borrowing, certificate of cash custody, and certificate of deposit;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (the fact that the injured party is not subject to the punishment of the accused, the circumstances of the crime, etc.) or more;