A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

피고인은 2016. 9. 초순경 창원시 진해구에 피해자 B이 근무하는 해군부대 안에서, 피해자 B에게 “2금융권에 돈을 빌린 것이 있는데 이자가 너무 쌔다. 1억 1,800만 원을 빌려주면 선이자로 3,800만 원을 제하고, 나머지 돈으로 2금융권 돈을 상환한 다음 신용이 회복된 이후 대출을 받아 돈을 갚겠다”라는 취지로 말하였다.

However, the facts did not have the intention or ability to complete the payment even if they borrowed money from the victim.

As such, the Defendant, by deceiving the victim, was delivered to the post office account C in the name of the Defendant, KRW 80 million on September 21, 2016 by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of a copy of a certificate of remittance;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] the general fraud [type 1] below KRW 100 million [special person] - The mitigated element: The mitigated element of punishment [the scope of the recommended area and the recommended punishment], the mitigated range of punishment [the mitigated range], the prison labor for one month to one year [the general person] - There is no record of criminal punishment [the grounds for suspended execution] - There is no record of criminal punishment [the grounds for suspended execution] - There is no record of criminal punishment: The prison labor and no record of criminal punishment - The grounds for general pride: The detention of the defendant entails excessive difficulty

3. Determination of sentence: Six months of imprisonment and two years of suspended sentence;