A defendant shall be punished by imprisonment for six months.

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 July 13, 2014, the Defendant stated that “D” located in Ansan-si, Gyeonggi-do, would be repaid to the victim E without paying the time limit, if he/she lends money.”

However, at the time of the Defendant’s debt amounting to KRW 200 million, the Defendant had to pay KRW 10 million as principal and interest every month. On the other hand, the Defendant had to pay KRW 7,50,000 as the monthly payment, while at the time, there is no particular property or income other than KRW 3,00,000 per month of operating convenience stores, and it is difficult for the Defendant to borrow money from another person or to pay the money first borrowed from another person for the reason that it is difficult for the Defendant to pay the money first, and there is no intention or ability to pay the money from the victim even if he/she borrowed money from the victim.

The defendant received 2 million won as the loan immediately from the victim.

In addition, the Defendant received from July 13, 2014 to October 8, 2014 the sum of KRW 40 million from the Victim E, Victim F, and Victim G on nine occasions, as described in the separate crime list, as well as from July 13, 2014.

Accordingly, the defendant was provided property by deceiving the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement of the police officer of the victims;

1. Application of each statute on filing of a complaint;

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

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

1. Determination on the application of the sentencing guidelines of Article 62 (1) of the Criminal Act for the reasons of sentencing under Article 62 (1) of the suspended sentence: The scope of recommendations for the sentencing guidelines of the lower limit shall be taken into account all the circumstances, including the fact that all the victims of the basic area (from June to June) of the first category (less than KRW 100 million) and the