A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

In the vicinity of Mapo-gu Seoul Metropolitan Government around July 2011, the Defendant made a false statement that “The Defendant would operate a Handphone store, which would be 2% of monthly interest if the Defendant borrowed 50 million won to the victim C, and would make an additional profit.”

However, in fact, it is uncertain whether the Handphone store will generate profits or not, and even if the defendant borrows money from the injured party due to no particular income or property, he did not have any intention or ability to pay the interest, profits, and principal normally.

As such, the Defendant, by deceiving the victim, received cash 50 million won from the injured party around September 201, and acquired it by deception.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a complaint, a fair deed, and a criminal investigation report (written statement by a complainant);

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

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

1. Application of the sentencing guidelines [the types of decisions] types of fraud crime group, general fraud, and type 1 (less than KRW 100 million) [the elements of special mitigation] punishment not exceeding the amount of punishment [the scope of recommended punishment] imprisonment with labor for not more than one year (the area of mitigation);

2. Determination of sentence does not have a significant number of damages caused by the instant crime, but the sentence shall be determined as ordered within the scope of sentencing guidelines, taking into account all the circumstances such as the Defendant’s age, sex, intelligence and environment, motive, means and consequence of the instant crime, etc., and the fact that the victimized person does not want the punishment of the Defendant upon agreement with the victim, and other circumstances constituting the conditions of sentencing, such as the Defendant’s age, sex, intelligence and environment, motive, means