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

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

Punishment of the crime

On March 3, 2015, the Defendant sent a phone to the victim D through international telephone in the U.S., and concluded that “If the Defendant borrowed money due to a shortage of money to purchase the clothing in the U.S. and import it into the Republic of Korea, the Defendant would import and sell the clothing in the U.S. and pay it without molding one to two months,” and the Defendant borrowed money to the Defendant, “The Defendant is owned by Geman Geman Geman and Geman apartment house in the U.S. where he lives in the Republic of Korea.”

However, while the defendant was living in Ansan, he was not owned by the defendant, and there was no property under the name of the defendant, the intention to lend money from the injured party to use it as entertainment expenses, and there was no intention to use it as clothing purchase price.

Nevertheless, the Defendant, by deceiving the victim as such, obtained the money from a new bank account (Account Number: G) in the name of the Defendant’s wife F, with KRW 15 million around March 4, 2015, KRW 18 million around April 9, 2015, KRW 20 million around April 13, 2015, and KRW 53 million in total as the price for the purchase of clothes, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

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. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the grounds for sentencing under the sentencing guidelines] - The area of mitigation (one month to one year) of type 1 (the amount of less than 100 million won) of the general fraud - Where a person who is specially mitigated is not subject to punishment or has been recovered from considerable damage (the decision of sentence] - The fact that the instant crime was committed for the purpose of preparing entertainment expenses - the favorable circumstances: the defendant recognized his mistake and reflects himself; the defendant has no record of being punished for the same kind of crime; and the defendant has been punished for more than a suspended sentence.