A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On July 4, 2013, the Defendant, who committed the crime against the victim C, told the victim at a place where it is impossible to know a place not exceeding Seoul Metropolitan Government (hereinafter referred to as “Seoul”) and concluded that “If she loans money, she will use it only one month at the hospital’s expense and make repayment.”

However, in fact, the Defendant did not have a credit rating at the drinking house where he works, and there was no income, and even if she borrowed money from the victim due to pressure to repay obligations to others, she did not have an intention or ability to repay, since she was able to use it for repayment of obligations other than hospital expenses.

As such, the Defendant, by deceiving the victim, received 3.5 million won from the victim’s bank account in the name of the Defendant, to transfer the same day, and in the same manner, received KRW 1.4 million around July 10, 2013 and KRW 2 million around July 27, 2013.

2. Around July 31, 2013, the criminal defendant committed the crime against the victim D made a false statement to the victim at the victim’s office in Seocho-gu Seoul Metropolitan Government E Building, stating that “If the victim lends money only a day, the mother will use it at the hospital’s expense and repay it by the next day.”

However, on the ground that the defendant borrowed money from the victim for the same reason as the above paragraph 1, there was no intention or ability to repay, as he thought to use it for repayment of other obligations.

The Defendant, by deceiving the victim as such, received KRW 2.5 million from the victim’s bank account in the name of the Defendant on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of prosecutorial statement concerning C;

1. Statement of D police statement;

1. Application of the Acts and subordinate statutes on banking transactions;

1. Article 347 (1) of the Criminal Act applicable to the crime (Fraud or Selection of Imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The sentencing criteria shall be based on;