A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Punishment of the crime

The defendant, around December 15, 2017, has a lack of business funds and the father's hospital expenses to the victim in the victim D's office located in the building B of the ASEAN.

After two to three months, a false statement was made that “A person would immediately repay” that he/she received the design cost.

However, even if the Defendant borrowed money from the injured party, it was thought that the Defendant would not use the business fund and the father hospital's care to return the existing debt or to use it as living expenses, etc., and there was no design cost to receive two to three months, and the Defendant paid the debt by using bonds with approximately KRW 200 million in excess of the debt at the time, and thus, the Defendant did not have any intent or ability to pay the debt even if he borrowed money from the injured party.

The Defendant, as above, by deceiving the victim, received KRW 1.5 million on the same day from the victim to the corporate bank account of the Defendant’s spouse E, etc. from June 4, 2018, the Defendant acquired the victim by deceptioning KRW 50,000 through a total of six times, such as the statement in the list of crimes, from June 4, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A detailed statement of deposit transactions and a statement of account classification;

1. Application of Acts and subordinate statutes to a certificate of borrowing and a certificate of registration;

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 a penalty;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The punishment as set forth in the text shall be determined by taking into account the following: (a) the reason for sentencing under Article 62(1) of the Criminal Act, such as the deception of the criminal defendant's reliance on the criminal defendant, the negative nature of the crime by deceiving the criminal defendant; (b) the amount of fraud of this case is not substantial; (c) the criminal defendant recognizes the criminal defendant; (d)