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 becomes final and conclusive.

Punishment of the crime

1. On April 4, 2013, the Defendant stated to the effect that “The victim F, who is the head of D E branch, Co., Ltd., Ltd., was lent KRW 10 million under the conditions of entry into D insurance agency E branch. If the money is lent, the Defendant would make payment by means of mutual aid from the fact that he is extremely high working after entering the office and receive monthly salary.”

However, even if the defendant received the above money from the victim, he did not intend to enter the above company and work for the above company, and the financial situation was not sufficient to pay 30 million won or more at the time. Thus, the defendant did not have any intention or ability to pay the above money.

The Defendant, by deceiving the victim as such, received KRW 10 million from the victim to the new bank account in the name of the Defendant on the same day.

2. On June 11, 2013, at the same place as that of paragraph (1) of the same Article, the Defendant stated to the effect that “The Defendant shall pay the payment in arrears of the card to the above victim in installments. If the Defendant borrowed three million won of the payment, he/she will pay the payment by way of making a deduction from the monthly payment.”

However, the defendant did not have the intention or ability to pay the above three million won to the victim on the ground of paragraph (1).

The Defendant, by deceiving the victim as such, received three million won from the victim to the Agricultural Cooperative Account under the name of the Defendant on the same day.

In the end, the defendant deceivings the victim and obtained a total of 13 million won from the victim.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. The police statement concerning F;

1. Application of Acts and subordinate statutes on deposit statements;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1.Article 62(1) of the Criminal Code of the Suspension of Execution (the amount of damages that has not been finally recovered is less than 50 million won) of the Criminal Code.