A defendant shall be punished by imprisonment for one year.

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

The defendant is a victim B(55 years of age) and a relative death.

On April 1, 2019, the Defendant made a false statement to the victim that “Around April 1, 2019, the Defendant would make payment by adding the principal and 24% interest after one month from the loan of money to the victim in the Dongdaemun-gu Seoul Metropolitan Government market.”

However, the defendant did not carry on the water purifier business at the time, and even if he received money, he thought that he would use it as gambling funds or cost of living, and there was no special property or income and there was no intention and ability to repay it to the victim.

As above, the defendant deceivings the victim and receives five million won from the victim to the account of community credit cooperatives (D) in the name of the defendant on the same day from the victim, and the same year thereafter.

8. Until December 24, 24, a total of KRW 110,61 million was delivered over 24 times as shown in the annexed list of crimes.

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

Summary of Evidence

1. Application of the police's written statement of statement B to the defendant's court statement, the details of deposited accounts, and the Acts and subordinate statutes on investigation reports (Attachment to suspect's account submission);

1. The prosecutor was indicted as a substantive concurrent crime under Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act, but according to evidence, it is judged to be a blanket crime.

Imprisonment Selection

1. The reason for sentencing of Article 62(1) of the Criminal Code Article 62(1) of the Act on the Suspension of Execution is that the criminal defendant acquired money exceeding KRW 100 million from the victim, and the crime is not less and less than that of gambling.

This is an unfavorable circumstance to the defendant.

Defendant is recognized to commit crimes.

In agreement with the victim, the victim does not want the punishment of the defendant.

The defendant was punished for the crime of fraud only once before the crime of this case, but this was simply a crime of fraud before 15 years, and was sentenced to the suspension of the execution of imprisonment or heavier punishment.