A defendant shall be punished by imprisonment with prison labor for up to 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

Around July 8, 2019, the Defendant stated that “The part payments to be purchased in the name of the Defendant is insufficient” to the victim B, who had taught, “I wish to make payment by October 30, 2019, if I lend KRW 30 million, I will make payment by not later than October 30, 2019.”

However, the Defendant had approximately KRW 2,1560,000,000 for loans secured by his room in the name of his father and approximately KRW 17,555,00 for loans under the Defendant’s name. Since monthly income was about KRW 200-3,000,000 for monthly income, even if the Defendant borrowed money to the victim, the Defendant did not have the intent or ability to repay it until October 30, 2019.

Nevertheless, around July 8, 2019, the Defendant, by deceiving the victim as above, and transferred KRW 10 million to the Defendant’s bank account (D) in the name of the Defendant C, to the victim. On July 11, 2019, the Defendant wired KRW 20 million in total to C’s account.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of investigation reports (Submission of suspect A's ASEAN's account transactions) and Acts and subordinate statutes concerning account transactions;

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of punishment by law: One month to ten years;

2. The scope of recommendations according to the sentencing guidelines [decision of types] and the scope of fraudulent crimes [type 1] and there is no person who is less than KRW 100 million [the scope of recommendations and recommendations] (the scope of recommendations and recommendations]. The basic area of recommendations, six months to one year and six months.

3. Circumstances unfavorable to the decision of sentence: The sum obtained by the defendant by deceit is more than 30 million won, the circumstances in which the defendant has been punished for the same kind of crime are favorable: The fact that the defendant recognizes the crime and reflects it, the half of the amount of the fraud is deemed to have been repaid, and the records and arguments of this case, such as the defendant's age, character and behavior, environment, circumstances of the crime, and circumstances after the crime, etc.