A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

1. On or around September 29, 2009, the fraud defendant entered the account number of the defendant against the victim B before the sexual virtue post office in the Sung-gu Kim Jong-ri, Kim Jong-si on or around September 29, 2009, and he/she shall repay the defendant immediately if he/she lends 10 million won.

However, the Defendant, at the time of payment, was aware of the intent or ability to repay the Defendant’s debt amounting to KRW 300 million and to borrow money from the victim, and thus, there was no intention or ability to repay the said debt within the nearest time. Nevertheless, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim to the Defendant’s account (Seoul). On January 28, 2010, the Defendant said that, around January 28, 2010, the Defendant would make payment by adding up KRW 10 million to the Defendant’s account.

However, as seen earlier, even if the victim borrowed money from the victim, there was no intention or ability to repay within the nearest time.

Nevertheless, the Defendant deceivings the victim as above, and received KRW 10 million from the victim to the account of the Defendant (Seoul Northern Bank C).

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes on deposit certificates;

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

1. Reasons for the suspended sentence under Article 62(1) of the Criminal Act [Scope of Recommendation] There is no basic area (6-100,000 won or less) (6-100,000 won or less) [decision of the sentence] The sentence shall be determined as per the order, taking into consideration the various circumstances, such as the defendant's age, character and conduct, environment, circumstances of the crime and circumstances after the crime, etc., which are the conditions for the sentencing.