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

Around April 2013, the Defendant made a false statement to the effect that “I want to dispose of the multiple dynamics D operated by A, but I want to dispose of it to another person. I want to take over as soon as I will dispose of it. I want to make multiple dynamics. I will pay back if I want to lend it.”

However, in fact, the Defendant did not have any specific property at the time and did not have any intent or ability to repay the amount of money even if he borrowed money from the victim because he was in a sudden situation to cover the living expenses with monthly income of 1.5 million won.

As above, on May 16, 2013, the Defendant: (a) by deceiving the victim; (b) transferred KRW 18 million to the Agricultural Cooperative Account (Account Number) in the name of the Defendant on the pretext of borrowing money from the victim; (c) received KRW 3.5 million under the same name on June 16, 2013; and (d) received KRW 17 million from the said account under the same name on June 18, 2013.

As a result, the defendant deceivings the victim and received a total of 38.5 million won from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. F statement of the suspect interrogation protocol of the defendant by the prosecution

1. Application of Acts and subordinate statutes to a copy of passbook or a copy of loan certificate;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is as follows: (a) even though the Defendant borrowed money under the pretext of multiple acceptance, the Defendant stated that he was donated money from the victim by the investigative agency; (b) the Defendant avoided liability; (c) the amount of the instant damage acquired by the Defendant is not smaller than the amount of damage; (d) the possibility of recovery from damage is low; and (e) the victim is punished by the Defendant.