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

On March 30, 2017, the Defendant made a false statement to the effect that “A” restaurant of the victim C’s “D” in Yongsan-gu Seoul Metropolitan Government operation, “The victim shall be repaid in cash within three months if he/she loans KRW 25 million to the victim, and in return, he/she shall allow the victim to operate the BM X6 car and pay KRW 1 million interest per month.”

However, at the time of fact, the Defendant was liable to pay a loan amount of approximately KRW 500 million without any property, and it was difficult for the Defendant to pay the loan amount at the time of the rental car in the above car, so there was no intention or ability to pay the principal to the victim within three months and to make the victim pay the principal as interest every month, or to allow the victim to continue to operate the car.

As such, the Defendant, by deceiving the victim and deceiving the victim, acquired 15 million won from the new bank account (Account Number: E) in the name of the defendant on the same day from the victim, and acquired 25 million won in total from the above account on the 31st of the same month by remitting 10 million won to the above account.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommendation] The reason for sentencing under Article 62-2 of the Social Service Order Act / [the scope of recommendation] the mitigation area (10 million won or less) / [1 month to 1 year] the punishment is not imposed or considerable damage is recovered (the decision of sentencing] / the defendant committed the crime of fraud in light of the fact that the defendant committed the crime of fraud in this case without being among persons even though the defendant was under suspension of execution due to the crime of the same kind of fraud, etc.

However, the fact that the defendant recognized the facts charged, and that the injured party was the prior wife of the defendant by mutual agreement with the injured party, the degree of deception is not much serious.