A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On February 10, 2016, the Defendant called the victim C at a non-place, and called the victim C, and “In the process of moving to another business place, he/she works as the head of the office. In the process of moving to the other business, he/she shall ask franchise employees to ask for the penalty due to monthly pay of flus gender workers and the cancellation of the contract, and shall request the lending of money. In the absence of money, he/she shall receive the loan from the loan broker and make a full payment within two months for the State.

“.....”

However, in fact, the defendant tried to use the money received from the injured party for the payment of living expenses and personal debts, and there was a loan obligation equivalent to about 1.4 million won, and there was no intention or ability to repay the money even if it was borrowed from the injured party due to the overdue loan in excess of 16.9 million won.

As such, the Defendant, by deceiving the victim and deceiving him as such, to KRW 1,95,500 on November 11 of the same month with the Agricultural Cooperative Account under the name of the Defendant (D), KRW 12.10 million on the 13th day of the same month with the Agricultural Cooperative Account under the name of the Defendant (E), and KRW 9 million on the 13th day of the same month; and

3.15.9 million won was remitted to 29,99,500 won in total.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Application of Acts and subordinate statutes to each statement of financial transaction information, such as deposit transactions, credit information inquiries, and text details;

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act and the choice of punishment for the crime;

1. As to the Defendant’s assertion and determination of the suspended sentence under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Da14

1. The gist of the assertion is that the Defendant borrowed money from the injured party, 29,99,500 won, as stated in the facts constituting a crime, and did not repay it. However, the Defendant continued his/her economic life by doing work as a teacher of a child-care center at that time, and received assistance such as living expenses, by living together with his/her parents.