A defendant shall be punished by imprisonment for six 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

The defendant, as an insurance solicitor, was aware of the fact that he had worked in the same insurance agency as the victim B, and was in the D office located in Busan, Busan, on March 6, 2018, and about KRW 31 million at the time of default on the 200,000,000,000, and about KRW 15,000,000,000,000,000,000,000, and even if he borrowed money from the victim, he did not have the intent or ability to pay the credit card, he borrowed money to the victim, although he did not have any intention or ability to pay the credit card, and he received money from the victim to the E account (F) in the name of the defendant on the same day, from February 26, 2019, by deceiving the victim from all over 12 times, and by deceiving the victim from 40,000,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Investigation report (Attachment to credit information, etc. on a suspect), investigation report (G or telephone call from an complainant);

1. Application of Acts and subordinate statutes to the details of account transactions, account transaction statement, and receipt (H, I);

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Reduction elements of less than KRW 100,00 (Specially Convicted Persons) below KRW 100,00 for fraud (type 1) according to the sentencing guidelines: Reduction area of mitigation area (the scope of recommending area and recommendation range), imprisonment with labor for one month or one year;

3. Determination of sentence: Imprisonment with prison labor for six months, and with respect to the crime of this case for one year of suspended execution, it shall not be deemed that the criminal defendant acquired 41,93,00 won under the pretext of borrowing from the victim who is the offender.

Provided, That a fine shall be imposed on a defendant for a violation of the Road Traffic Act in 197.