A defendant shall be punished by imprisonment with prison labor for up to 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

On November 14, 2014, at the C hotel coffee shop located in Seo-gu, Seo-gu, Gwangju, the Defendant told the victim D that “it is necessary to pay investment expenses to operate the E entertainment tavern in Seo-gu, Seo-gu, Gwangju. It is necessary to lend KRW 20 million necessary for the said investment amount to pay back.”

However, the defendant did not operate the above E-E entertainment tavern for his business, and there was no special property. Rather, the defendant did not have any intent or ability to repay the money to the victim because he did not want to pay the money with the money borrowed from the victim in return for the money borrowed from the victim.

The Defendant, by deceiving the victim as such, received 20 million won from the victim to the account in the name of F, who is the criminal defendant, under the pretext of borrowing money from the victim on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the suspect interrogation protocol of the accused by the prosecution;

1. Statement made by the police in relation to G and H;

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

1. There are circumstances unfavorable to the Defendant, such as the pertinent legal provision on the crime, Article 347(1) of the Criminal Act regarding the choice of punishment, the reason for sentencing of sentence [the scope of recommending punishment] general fraud and the reason for sentencing of imprisonment [the scope of recommending punishment] that there is no basic area (6 months to 6 months and 6 months) [the person who is a special person] [the sentence] [the decision of sentence] six months, the suspension of execution two years, the Defendant obtained by deceiving the victim who is the representative of the liquor company by deceiving the victim who is the representative of the liquor company under the supervision of the operation of entertainment tavern, and the crime is not good.

On the other hand, on October 26, 2015, after the closing of argument, the fact that the victim does not want the punishment of the defendant is favorable to the defendant.

In addition to these circumstances, various sentencing conditions, including the Defendant’s age, character and conduct, environment, and circumstances after the crime, shall be determined as ordered.