A defendant shall be punished by imprisonment for not less than eight 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 2002 to July 2014, the Defendant operated a general restaurant in the name of “D” in New York City of the United States, and the victim E was known through the branch in the above C around 2002.

around November 2013, the Defendant would lend the funds for operating food occupation to the victim E in the above restaurant. The Defendant would pay the funds without molding 2 -3 months after the loan.

“A false statement” was made.

However, around that time, the Defendant offered the above restaurant as security and borrowed a sum of 30,000 U.S. dollars from the financial companies located in the U.S. located in 5 U.S., such as DFact LC, and it was difficult for the Defendant to pay 30,000 U.S. dollars in total, such as the above restaurant rent, electricity fee, and public charges and wages of employees, and there was no specific property. Therefore, even if the Defendant borrowed the above money, there was no intention or ability to pay it.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received, from the victim, the sum of US dollars 20,000 around November 5, 2013, around February 15, 2014, around 10,000 US dollars 10,000 around May 2014; and (c) around June 2014, the sum of US$ 10,000 US dollars 60,000 ($ 61,110,000 in Korean currency) in cash (U.S. dollars) from the victim as the borrower.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect against the defendant (including a substitute part of examination);

1. Statement made by the police for E;

1. A copy of the check;

1. Application of Acts and subordinate statutes to an investigation report (Attachment of documents submitted by a complainant agent);

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria [Scope of the recommended punishment] General Fraud (less than KRW 100 million). Basic area (from June to June);

2. The amount of damage determined by sentence is not substantial;

Defendant repaid KRW 20 million.

There is no record of punishment for the accused.

In addition, the defendant's age, sex, environment, motive and result of the crime, and crime.