However, the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.

On June 2018, the Defendant made a false statement to the effect that “If the Defendant borrowed money from the delivery agency business funds of the delivery agency, he/she will repay the said money,” to the victim B, who was a teaching staff at the time of his/her first class in Gangnam-gu Seoul, Gangnam-gu.”

However, in fact, the Defendant had no income at the time, and had already been able to use the money borrowed from the victim for the repayment of the existing obligation, and did not operate the delivery agency business. Therefore, even if the Defendant borrowed money from the victim, there was no intention or ability to pay the money.

Around the 8th day of the same month, the Defendant received 9.9 million won from the victim to the bank account (C Bank, D) opened in the name of the Defendant for the loan, and, from the above date and time to November 16 of the same year, by deceiving three victims as shown in the annexed crime list, received total amount of KRW 100,386,470 from the victims for the loan, and used each credit card amount of KRW 8,876,010.

Accordingly, the defendant, by deceiving victims, received property and acquired pecuniary benefits.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E, B, and F;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended punishment according to the sentencing guidelines [the decision of type] shall be limited to fraud [the type 2], the amount of punishment exceeding KRW 100 million, and the amount of reduction below KRW 500 million (the amount of special sentencing]: In the case of reduction of punishment or significant damage, [the scope of the recommended area and the recommended punishment] mitigation area, six months to two years and six months as a result of addition to the same class of punishment, the lower limit of the sentence shall be 1/3.