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

At around 14:00 on August 2, 2010, the Defendant stated that “The Defendant would complete payment if he entered the house of the Victim D, Handong-gu, U.S. C apartment 407 Dong-gu, U.S. 103, U.S. 103, 200,000 won.”

However, in fact, the Defendant did not have any special property or income at that time and did not incur any 10 million won or more to the lender, and thus, the Defendant did not have any intent or ability to repay the money even if he borrowed the money from the victim.

Nevertheless, the defendant received KRW 10 million from the victim's account in the name of the defendant, and KRW 10 million from the same account around the 12th day of the same month.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Grade D of the police interrogation protocol against the defendant

1. Application of Acts and subordinate statutes to each certificate of borrowing, certificate of borrowing and statement of passbook;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Fraud (less than KRW 100 million) (Article 62(1) of the Act in cases where the degree of deception is weak [Article 62(1) of the Act on the Suspension of Execution] [Article 62(1) of the Act on the Suspension of Execution [Article 62(1) [Article 62(1) of the Act on the Punishment of Specific Fraud (Article 1-6] [Article 4 of the Act on the Punishment of Fraud] [Article 4(1) of the Act on the Punishment of Specific Fraud] [Article 62(1) of the Act on the Punishment of Sentencing, other than the above sentencing factors: 4 months of imprisonment with prison labor for the defendant; 1 year of suspended execution, the defendant borrowed the instant money from the victim; 2) of the defendant's husband at the time of borrowing the money;