A defendant shall be punished by imprisonment for six 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

1. On October 5, 2012, the Defendant made a false statement to the victim C’s house located in Ulsan-gu B 4th, Ulsan-gu, Seoul-gu, stating that “The Defendant is running a siren business in the Jeonju-gu, but is about two to twenty to twenty to twenty to twenty to twenty to twenty to twenty to twenty to twenty to twenty to twenty to twenty to twenty to twenty to twenty to twenty to twenty to twenty to twenty to twenty to twenty to be paid.”

However, the Defendant did not operate a siren business in the Jeonju, and there was no other property or income due to bad credit standing, so there was no intention or ability to repay the borrowed money to the victim.

As above, the Defendant, by deceiving the victim, received 20 million won from the victim to the Agricultural Cooperative Account under the name of the Defendant on the same day and acquired it by deceiving the victim.

2. Around November 28, 2012, the Defendant involved in the Internet business made a false statement to the victim C’s house as stated in paragraph (1) that “I will lend KRW 20 million to the Internet business at home, and will complete payment once a month.”

However, the Defendant did not operate the Internet business, and there was no intention or ability to repay the borrowed money to the victim because there was no particular property or income due to bad credit standing.

The Defendant, by deceiving the victim as above, received KRW 3 million from the victim to the Agricultural Cooperative Account under the name of the Defendant on the same day, and acquired KRW 19 million through the same account around December 6, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on the loan certificate;

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for probation and community service order;

1. The scope of recommendation [decision of types] set forth in the sentencing criteria shall be the mitigated area of Type 1 (less than KRW 100,000).