except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

On February 27, 2013, the Defendant stated that “A victim C (the 40-year-old-old-dong), who was aware of the fact that he had a right to live, is lacking in money to ask for a house,” and that he would have a right to return money under any circumstances where he/she lent money.”

However, at the time, the defendant was liable for 20 million won or more without any property, and even if he borrowed money from the victim, he did not have the ability to repay it according to the promise.

As above, the Defendant, as the victim’s false statement, received KRW 1 million from the victim’s post office account in the name of the Defendant, and received KRW 2.5 million via the same account around February 28, 2013, and acquired KRW 28.5 million in total from the victim on 14 occasions as indicated in the crime list following the crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on a copy of a bankbook, a loan transaction agreement, a detailed statement of credit card use, and money transaction;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] general fraud (the amount less than 100 million won) and the mitigated area (one month to one year for imprisonment) (the amount of special imprisonment] of the mitigated area;

2. It is so decided as per Disposition by taking into account the following circumstances: (a) the amount of the decision of the sentence of deception is not much specified; (b) the fact that the Defendant agreed smoothly with the victim; (c) the Defendant has no specific criminal record, except for the punishment imposed twice by fine; (d) the circumstances leading up to the instant crime; (e) the Defendant’s support for his/her family, including his/her children; and (e) the Defendant’s age, character and conduct;