A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Criminal facts

On August 30, 2016, the Defendant shall pay the victim E with a grace period of Da, 103 Dong 202, and shall also pay the premium to the victim E with his/her father, and shall have his/her father's Doster money.

If a person lends money with a loan, he/she shall pay the loan interest every month.

“A false representation was made.”

However, the defendant did not have any special property as a bad credit, and the debt exceeds KRW 200 million at the time, and there was no intention or ability to repay the loan principal to the victim.

As such, the Defendant, by deceiving the victim and deceiving the victim from the victim, through the post office account (F) in the name of the Defendant, obtained KRW 20 million around August 30, 2016, and KRW 50 million around August 31, 2016, respectively, by deceiving the victim from each transfer of KRW 70 million.

Summary of Evidence

1. Partial statement of witness E;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Statement protocol by the police for E;

1. Details of transactions of deposits and withdrawals;

1. Each letter;

1. Application of Acts and subordinate statutes to a criminal investigation report (Submission of data by a complainant), investigation report (report on attachment of part of data on Kakao dialogue between the suspect and the victim);

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act (the conditions favorable to the following reasons for sentencing) guilty and the reasons for the suspended sentence;

1. Fraud is established by deceiving another person to take part in mistake and inducing a dispositive act, thereby receiving property or gaining pecuniary profits. It must be in relation to a mistake, mistake, or dispositive act;

On the other hand, whether a certain act constitutes a deception that causes a mistake to another person, and whether such deception and the disposal of property are related to the person should be determined objectively in consideration of the transaction circumstances, the other party’s knowledge, character, experience, occupation, and other specific circumstances at the time of the act.

In addition, the criminal intent of defraudation, which is a subjective element of fraud, is the crime.