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

Around October 2014, the Defendant: (a) signed No. 9 No. 1388, and paid a fraternity on December 11, 2014; and (b) concluded that, on December 11, 2014, the Defendant provided that, “If the Victim B borrowed KRW 20 million necessary to purchase ready-mixed, the Defendant would receive the time limit payment by setting the order of priority and later receive the time limit payment.”

However, at the time, the Defendant was scheduled to depart from the Republic of Korea after borrowing money from the victim, and the victim did not have the intent or ability to continue to pay the money. Therefore, even if the victim borrowed money from the victim, there was no intention or ability to pay the money.

The defendant received cash 20 million won from the victim for the same day as the loan money, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A complaint;

1. A certificate of borrowing, details of account transfer, and detailed statement of deposit transactions;

1. Investigation report (Submission of data by a complainant and telephone conversations between witness D) and fact-finding certificate;

1. Investigation report (to investigate the counter party of the members B who filed the complaint);

1. Investigation report ( telephone conversations with a complainant);

1. Application of Acts and subordinate statutes to the investigation inquiry of details of transactions, ledger of details of accounts past transaction, investigation report (Attachment of a suspect's credit report and printed out of the screen of search of the Supreme Court Na case), investigation report (Submission of the ledger of details of transactions past the KB Securities Account in the name of a suspect);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 (1) of the Election of Imprisonment or Imprisonment;

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

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act is to recognize and reflect the defendant's wrongness in the court, and there is no record of punishment for the same kind of crime, and it is a plan to repay the amount of damage to the victim through individual rehabilitation procedures (Seoul Daejeon District Court 2018Da1019458), that the defendant did not agree with the victim or recover the damage.