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

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

Punishment of the crime

Although the Defendant operates a package box in the name of "D main store" in the Nam-gu War C, the monthly income is not specified, and the monthly income is not only KRW 1 million. Among them, the personal debt is limited to KRW 27 million, and there is a need for money to continue repayment of KRW 20 million among them, and even if he/she borrows money on the pretext of five funerals, he/she did not have any intent or ability to repay money on the date he/she performs or promises funeral.

Nevertheless, on September 10, 2017, the Defendant would be able to receive money from the victim E who became aware of as a restaurant customer in the old franchiscam, which is located on the margin of the old franchiscam in the southnam-gu, the Namnam-gu, Seoul, Seoul, to purchase a mushroom of natural mountain (franchiscin, fluor).

Along with the loan of the purchase fund of mushroom, it was used only for one month, and the payment of interest at 2-3% per month was made falsely.

The Defendant, as such, by deceiving the victim, received KRW 3 million in cash from the injured party, from the injured party, KRW 3 million in cash on the 13th day of the same month, KRW 4 million in cash at the same place on the 15th day of the same month, and KRW 13 million in cash at the same place on the 17th day of the same month.

Accordingly, the defendant obtained a total of KRW 13 million from the damaged person and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. Application of the Acts and subordinate statutes to the complaint;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant's criminal records (including two times the suspension of execution due to fraud) for the reason of sentencing under Article 62-2 of the Criminal Code of the Social Service Order, the background of the crime in this case, the degree of damage to the victim and whether the victim has recovered, whether the victim's intent to punish him/her (the withdrawal of the complaint and the omission of punishment against the defendant), the circumstances after the crime, and the health of the defendant.