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 March 7, 2014, the Defendant, against the victim D, told the victim to perform landscaping construction works in the victim D’s residence located in Pakistan E, 205 Dong 1403, stating, “If the victim borrowed KRW 10 million with the construction cost, such as the purchase of trees, he/she will pay interest of KRW 2 million with the victim within 10 million.”

However, the defendant did not have received the above landscaping construction, and even if he borrowed money from the victim due to the absence of any particular occupation or income at the time, he did not have any intention or ability to pay the full amount.

Ultimately, the Defendant received cash of KRW 2 million from the victim on the same day, and obtained cash of KRW 2 million from the race track located in Ilsan around March 8, 2014, and acquired KRW 4 million in total.

2. On March 10, 2014, the Defendant: (a) was aware of the fact that the victim was unable to recover the money lent to He; and (b) the Defendant was aware of the fact that, even if he borrowed money from the victim, he did not have the intent or ability to resolve the problem of money with H; and (c) even if he did not pay a fine of three million won due to the absence of any particular occupation or income at the time, he did not have the intent or ability to pay the money, he did not have the intent or ability to pay the money; (d) while intending to pay the money with H, he did not have the intention or ability to pay the money; and (e) the Defendant received money from the victim through the victim’s friendly relationship with H to the effect that “I would have the Defendant receive the money well talk with H.”; and (e) he received the money from the victim through the Defendant’s 1.6 million won on March 27, 2014; and (e) the Defendant’s 300 million won on March 314, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, J and F;

1. Application of the laws and regulations on trust banks to the specifications of transactions by account, deposits, and copies thereof;