A defendant shall be punished by imprisonment for four 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

1. On December 2010, the Defendant made a false statement to the victim B, stating that “The Defendant will use the money and make a full payment without a mold, if it is urgently needed.”

However, at the time, the defendant did not have any intention or ability to pay it properly even if he borrowed money from the victim due to no particular property or income.

Around December 24, 2010, the Defendant deceivings the victim as above and received eight million won from the victim via a DNA account in the name of the mother of the Defendant C, the mother of the Defendant.

2. On June 201, 201, the Defendant made a false call to the above victim, stating that “I would promptly make a lump sum repayment of the borrowed money up to the previous borrowed money, if I lend 7 million won to the said victim immediately.”

However, at the time, the defendant did not borrow money from the victim due to no particular property or income, but did not have the intent or ability to repay it properly, and when he borrowed money from the victim, he would have used it to repay other debts.

The Defendant deceivings the victim as above, and received seven million won from the victim, around June 28, 201, to the said D Account.

Accordingly, the defendant acquired a total of KRW 15 million from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes on deposit transactions;

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

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of recommendation types according to the sentencing criteria [the scope of recommendation types] general fraud types 1 (less than 100 million won) and basic areas (not less than six months to one year and six months) (no special person);

2. Although the amount of damage to the sentence is not so significant, no agreement is reached with the victim to recover the damage yet.