A defendant shall be punished by imprisonment for one year.

except that 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 February 2, 2012, the Defendant made a false statement to the victim C, stating that “When the Defendant borrowed KRW 100 million as it is necessary to remove a large factory at all times, he/she will use it for three months and complete payment.”

However, in fact, at the time, the defendant was supplied not more than 100 million won with bad credit due to the tax in arrears in 2009, but less than 100 million won per month from the tax amount in 40 tons per month, and thus, the defendant was previously borrowed from the victim and borrowed money from the victim in the light of the fact that it was impossible to recover 100 million won per month from the third party as the scrap advance to the tax amount in 2009, and there was no intention or ability to repay the money to the victim only 3 months.

On February 23, 2012, the Defendant, by deceiving the victim as such, received KRW 50 million in cash from the victim, and received KRW 20 million in cash from the victim’s partner, and acquired KRW 20 million in agricultural cooperative account in the name of D’s partner, the Defendant’s mother, and KRW 20 million in agricultural cooperative account in the name of F, and KRW 10 million in the name of G, respectively.

Summary of Evidence

1. C’s legal statement;

1. Some statements made by the police and prosecutor of each protocol of examination of the accused;

1. Statement by the prosecution concerning D;

1. A criminal investigation report (Attachment to a specification of transactions in F name);

1. A copy of the passbook, a copy of the loan agreement, a copy of the loan certificate, a copy of the decision to recommend reconciliation in the Busan District Court, and a copy of the complaint;

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

1. The intent of defraudation, which is a subjective constituent element of a crime of fraud under Article 62(1) of the Criminal Act, of the suspended execution, shall be determined by comprehensively taking into account the objective circumstances such as the Defendant’s financial history, environment, details of the crime, and the process of transaction before and after the crime, insofar as the Defendant does not make a confession, and the crime of fraud is established even through