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

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

From October 2012 to March 2013, the Defendant entered into an internal relationship with the victim C (39 years of age). While continuously lending KRW 100 to two million to the victim from October 31, 2012, the Defendant made a false statement to the effect that “it is necessary for the Defendant to pay for the expenses incurred in suffering from urine disease” at the marb below Gwangju, around December 5, 2012, while continuously lending KRW 100 to two million to the victim. The Defendant borrowed dental expenses.”

However, at the time, the Defendant had a personal debt of KRW 40 million, and even if having borrowed money from the victim due to the absence of a certain amount of income, the Defendant had no intent to use it for the above purpose, and there was no intention or ability to pay the above money.

Ultimately, the Defendant received a total of KRW 5 million from the victim to the account under the name of the Defendant, including transfer of KRW 8 million from around that time to February 6, 2013, including transfer of KRW 8 million to the account under the name of the Defendant.

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

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement of the police interrogation protocol against the defendant

1. Statement to C by the police;

1. Each investigation report;

1. Inquiry about the details of liquidity transactions;

1. Each e-mail;

1. Application of Acts and subordinate statutes to notarial deeds and photographs;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Fraud (less than KRW 100 million) is mitigated (one month to one year) (special mitigation) or where considerable damage has been recovered [decision of sentence], there is no record of criminal punishment against the defendant, the victim does not want the punishment of the defendant by mutual consent with the victim, and the age of the defendant is other;