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

On January 10, 2018, the Defendant made a false statement to the effect that “D” offices operated by the victim C in Yongsan-gu, Yongsan-gu, U.S., U.S., U.S., and “A., having received a loan for deposit money, is difficult to pay interest.” The Defendant would receive a monthly payment of KRW 15 million from the Jeju-do, U.S., U.S., which would be paid.”

However, the Defendant, at the time, was required to repay the loan owed by the lending company, or to use money for the purchase of the sports soil and online game items, and was made a false statement as above. The Defendant did not intend to continue to work for the lending company or for the victim’s company. Since the existing lending company’s loan obligations amounting to approximately KRW 35 million, there was no property or certain income. Thus, even if the Defendant borrowed the above money from the victim, there was no intention or ability to properly repay it.

The defendant received 15 million won in the name of the borrowed money from the victim to the corporate bank account (E) in the name of the defendant on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A certificate of transaction;

1. Application of Acts and subordinate statutes on criminal investigation reports (Attachment to and analysis of suspect A Account Transactions Details), and specifications of account transactions;

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

1. The application of the sentencing guidelines for sentencing under Article 62(1) of the Criminal Act on the grounds of the suspended sentence [decision on the types of punishment] The general fraud [Type 1] and there is no person who is less than KRW 100 million [the scope of the recommended area and the recommended person] [the scope of the recommended area] basic area, the decision on the sentence for six months to one year and six months: The amount obtained by defraudation of two years of suspended sentence in six months; and

The victim was unable to receive a letter from the victim.

The defendant used a considerable portion of the amount obtained by fraud for the purchase of sports soil or Internet game items, and the motive of the crime or circumstances after the crime are not good.

However, the Defendant committed the instant crime.