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 early 2014, the Defendant: (a) known that the victim C, who sold crypt, growth, etc. and maintained his livelihood on the street, such as a dry ground park, etc. in Seo-gu Incheon, Seo-gu, Seo-gu, Incheon, died of a married person; (b) concluded that “Around early 2014, the Defendant would immediately repay crypt crypt crypt crypt cry to the river where crypt crypt crypt cry to the river; and (c) provided the victim with money for the operation of dental services.”

However, in fact, the defendant did not have any intention to live together with the victim and did not have any intention or ability to pay the victim, even if he borrowed money.

As such, the Defendant, by deceiving the victim, received KRW 10 million from the victim on October 22, 2014 as borrowed money, and received KRW 27,590,00 as shown in the List of Crimes (1) as shown in attached Table 27,590,00 as well as KRW 15,418,277 by means of purchasing goods equivalent to KRW 15,277 by using the victim’s credit card as shown in attached Table 2 of Crimes List of Crimes (2).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes of a written confirmation of use of each card;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 62(1) of the Suspension of Execution (see, e.g., Supreme Court Decision 62(1) of the Criminal Act) [Scope of Recommendation] In cases where: (a) the mitigation area (one month to one year); (b) the mitigation area (any person who has been specially mitigated) [whether or not the suspension of execution has been granted] a penalty not for punishment; (c) the main reason for such suspension is whether or not the suspension of execution has been restored to a considerable portion of damage; (d) the affirmative and positive reason - the attempt to recover from a positive reflect, partial damage, or serious damage (see, e.g., Supreme Court Decision 200; 200; 3) the criminal committed before the said sentencing