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 201, the Defendant made a false statement to the victim D with the purport that “in Korea, operating expenses are needed to operate a cosmetic store in Busan. It is no longer possible to receive a loan from the financial right, and the current loan is changed to B. If it is lent, it will be used only for one year and repaid in full.”

However, the Defendant did not have any particular property, and the sum of open opening costs and operating costs of the store should be lent from other persons, and since it is unclear whether the store will be operated well, there was no intention or ability to pay the amount properly even if the Defendant borrowed money from the victim.

As such, the Defendant, by deceiving the victim as such, received 40 million won from the victim around June 8, 201 and acquired 40 million won.

2. On February 2, 2012, the Defendant continued to make a false statement to the said victim that “If monthly salary is pushed down in order to supply a monthly salary for employees of cosmetics stores, and the circumstances of funds lend 5 million won to the said victim, it would be immediately repaid to the said victim at an rapid time.”

However, in fact, the Defendant did not have any intention or ability to pay the amount properly even if he borrowed money from the victim because the Defendant did not have been able to pay the amount of money due to the failure to operate the cosmetics store at the time.

As such, the Defendant, by deceiving the victim, received five million won on the same day from the victim and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Partial statement of the protocol concerning the examination of the accused by the prosecution;

1. Partial statement of each police suspect examination protocol against the defendant;

1. Statement made to D by the police;

1. Details of transactions of deposit and withdrawal, details of transactions by receiving period, detailed statement of free savings deposit and transactions, detailed statement of savings deposit and transactions, details of transactions, inquiry into accounts, and loan account inquiry;