A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 201, 201, the Defendant loaned money to the Victim B from the Sinwon-si, Suwon-si, the Sinwon-si, and the Non-U.S., the Defendant would be able to pay the principal to the Victim B with interest of KRW 200,000 won per month if the Defendant borrowed money from the used vehicle sales company in which the money is required.

“Around December 6, 2011, the Plaintiff was transferred KRW 20 million to the SC bank account in the name of the Defendant under the name of the Defendant for the purpose of borrowing money.”

However, the defendant did not use the above money for participation in the middle and middle auction, but did not have any special property at the time, and there was no intention or ability to return the principal at the time when the victim wants to pay monthly interest or return the principal as agreed by the victim because the monthly income was not stable.

Nevertheless, Defendant 1 made a false statement to the victim and received a remittance of KRW 20 million as the victim’s loan.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Investigation report (Submission of the details of account transactions with the SC Japan Bank and the National Bank), and the details of transactions with the SC Bank;

1. Application of the statutes on account transactions of Samsung Securities;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order;

1. Application of the sentencing criteria [the scope of the recommended punishment] General Fraud (less than KRW 100 million) in the basic area (from June to one year and six months) (the person who is subject to special sentencing)

2. The Defendant was unable to fully repay the borrowed money for more than five years from the victim’s money.

The Defendant used money from the victim and used it for stock investment.

However, the Defendant agreed with the victim.

A defendant is deemed to have partially restored to the victim.