A defendant shall be punished by imprisonment for not more than ten 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

From around March 6, 2009 to around 2006, the Defendant borrowed a total of KRW 200 million from the victim B, a middle school window, and did not repay it at all, and received a demand for payment continuously from the victim. On January 2009, the Defendant received criminal complaint from the victim on suspicion of fraud. On March 6, 2009, the Defendant made a notarial deed of a monetary loan contract for consumption amounting to KRW 195 million from the victim at the office that is the head of Suwon-gu, Suwon-gu, Suwon-gu, Suwon-gu, Seoul-gu, 83-8, and the head of the building law firm that is the head of Suwon-gu, Suwon-gu, 2009, the Defendant made a false statement that “The Defendant would make a preferential repayment of KRW 500,000,000,000,000 for the remainder amount, by July 30, 2009.”

However, the facts are that the defendant did not have any particular property or income at the time, and there was no intention or ability to repay the borrowed money until July 30, 2009, because he did not have any obligation equivalent to about KRW 220 million.

As such, the Defendant, by deceiving the victim, acquired the pecuniary benefits of which the performance of obligation is postponed from the victim until July 30, 2009.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to the complaint;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the fact that the defendant recognizes and reflects the crime, and that there is no same criminal record);

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