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 April 8, 2014, the Defendant made a false statement to the victim B, stating, “I will pay the principal 7% after three months of the loan of money to the victim B, and will pay the interest at 7% per annum.”

However, in fact, the defendant did not have any intention or ability to pay money within 3 months even if he/she borrowed money from the victim with interest equivalent to KRW 80 million,000,000,000 that he/she has to pay to a bad credit holder at the time, even if he/she borrowed money from the victim.

The Defendant, by deceiving the victim, received KRW 6 million in cash from the victim, and received KRW 3.3 million in cash on April 9, 2014. On April 15, 2014, transferred KRW 9,300,000 to the Agricultural Cooperative Account under C’s name, and transferred KRW 9,30,000 in money to the Agricultural Cooperative Account under C’s name on April 16, 2014. On April 20, 2014, the Defendant received KRW 9,330,00 in money, and acquired KRW 2,760,00 in total, from the Agricultural Cooperative Account under the name of C to the Agricultural Cooperative Account under the name of C on April 20, 2014.

2. On May 26, 2014, the Defendant made a telephone call to the victim at an unsound place and made a false statement to the effect that “If the Defendant offered interest and borrowed money, he/she will pay KRW 11 million after one month thereafter.”

However, the defendant did not have any intent or ability to repay the amount after one month even if he/she borrowed the amount of interest equivalent to KRW 80,000,000,000 from the victim, which shall be paid to him/her only 80,000,000.

As such, the Defendant, by deceiving the victim, acquired 10,230,000 won from the victim to the Agricultural Cooperative Account in the name of C on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes concerning the transaction of agricultural cooperatives;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reasons for sentencing in Article 62-2 of the Probation Criminal Act are as follows.