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

피고인은 2016. 9. 30. 충남 태안군 원북면 방갈리에 있는 태안화력발전소에서 피해자 B에게 ‘내가 중고차량 딜러로, 수입이 짭짤한데 돈을 빌려 주면 이익을 많이 남겨 주겠다’라고 거짓말을 하였다.

However, in fact, the defendant had a debt amounting to 8.5 million won without any specific property at the time, and the income accrued from the sale and purchase of the second class was not yet accrued, and there was no intention or ability to repay the debt even if he borrowed money from the victim due to the lack of any other income.

On September 30, 2016, the Defendant, by deceiving the victim as above, received 70,000 won from the victim to the Agricultural Cooperative (D) account in the name of the Defendant’s child, and acquired 36,100,000 won through 18 times from around that time to August 25, 2017, as shown in the annexed crime list.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A complaint;

1. Financial transaction statement;

1. The loan certificate ( dated 1, 182);

1. Data to be cut down;

1. A copy of a written notification ( January 18, 199); and

1. Credit information reply;

1. Application of Acts and subordinate statutes governing deposits transfer;

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

1. Reduction elements of less than KRW 100,00 (Specially Convicted Persons) below KRW 100,00 for fraud (type 1) according to the sentencing guidelines: Reduction area of mitigation area (the scope of recommending area and recommendation range), imprisonment with labor for one month or one year;

2. Determination of the sentence of punishment of this case: unfavorable circumstances that the defendant has the same kind of power, such as the fact that the defendant has the same kind of power, recognize and reflects the defendant's mistake, reimburses the victim with a considerable amount of money and agree, taking into account the favorable circumstances, such as the fact that the defendant has no significant power of punishment, and commits the crime.