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

The defendant is a person who operates C B B B in Busan Jin-gu.

Around March 29, 2018, the Defendant made a false statement to the effect that “A victim D, who had worked as an employee at the above C B B B World shop, shall be paid KRW 40 million until December 2018 if he/she lent KRW 31 million as he/she would be able to receive subsidies for youth start-up from the government on June 2018 or at latest on December 2018.”

However, in fact, the defendant does not meet the requirements for application for the exclusive use of youth and is selected through the examination, so it is not necessarily supported, and even if he borrows money from the victim due to bad credit standing due to considerable debts, he did not have any intention or ability to pay it properly.

The Defendant, by deceiving the victim as such, received 31 million won from the victim to the E bank account under the name of the Defendant on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Money borrowed, copy of notarial deed, and details of transactions of free savings deposits;

1. Application of each investigation report (the application of statutes on qualifications for application to start-up funds for the exclusive use of the youth and personal credit information for suspects);

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

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

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Reduction elements of less than KRW 100,00 [type 1] reduction elements of fraud according to the sentencing guidelines: In cases where a person commits deceptive act intentionally at least 100,00 won, or where the degree of deceptive act is weak, in cases where the person committed deceptive act intentionally at least 100,00 won or the extent of deceptive act is weak, (the area of recommendation and the scope of recommendation types] special mitigation area, one month to one year;

3. The defendant's decision of sentence recognized the crime of this case and reflected against the defendant, and the amount equivalent to the victim (23.6 million won).