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

Around December 13, 2016, the Defendant made a false statement to the victim C, stating that “The Defendant would lend KRW 10 million to the victim C because he/she had a right to use.”

However, since the defendant has a large amount of bonds and there was no certain income, even if he/she borrowed money from the victim, he/she did not have the intent or ability to pay to the victim within three months as agreed.

The Defendant, as above, by deceiving the victim, was given cash of KRW 10 million by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A certificate of borrowing;

1. Details of deposit transactions;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

3. The sentencing conditions stipulated in Article 51 of the Criminal Act, such as the contents and methods of sentencing, the amount of fraud, the agreement with the victim, the time and reflection of the crime, the fact that there is no criminal history of the same kind, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., and the sentencing guidelines set by the Supreme Court Sentencing Committee, shall be determined as ordered by taking into account