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

On August 31, 2011, the Defendant provided to the Victim C with “a business loan of KRW 30 million, which requires business funds, shall be repaid three months after the loan.” However, even if the Defendant borrowed money without any planned business, it did not have any intention to use the money for such purpose, and there was no intention or ability to repay the money borrowed without any particular occupation or income at the time.

Nevertheless, the Defendant, as above, obtained a false statement from the victim, thereby acquiring KRW 30 million from the victim’s bank account in the name of the victim, and transferred KRW 30 million to the account in the name of E by using the password known by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on trading lists;

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

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following factors shall be taken into account the conditions of sentencing under Article 51 of the Criminal Act);

1. Order of community service: The sentencing guidelines for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc., include the following factors: the scope of recommendation and sentence [the punishment shall be imposed as per the order, taking into account all the following factors: the crime group, general fraud, type 1 (less than KRW 100 million), basic area, imprisonment with prison labor, six months and six months] and the scope of punishment as stated in the sentencing guidelines. The favorable circumstances are recognized and reflected: the amount of damage is repaid or deposited; the considerable amount of damage has not been recovered; the damage has not been recovered; the substantial damage has occurred to the victim; according to the statement in the complaint, according to the fact that the defendant was placed, who was the organization of the "profinal area" by the organization of the organized violence group, and the victim was not repaid, but the victim was not properly treated due to the lack of medical treatment expenses (the circumstances of the crime or the use of the money by fraud or the victim.