A defendant shall be punished by imprisonment for not less than eight months.

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

Criminal facts

The Defendant and the victim C become aware of each other through the Internet car page “sharing and learning” around 2015, and they exchange communication from that time.

On September 16, 2015, the Defendant used the Kakao Stockholm to pay the victim the money that the Defendant would pay to the Defendant “on a daily basis”. On January 2016, 2016, the Defendant would make a full repayment of the business arrangement when the husband released the her husband.

“A false representation was made.”

However, as the Defendant did not have any special occupation, and did not have any property such as real estate under his name, and was living with the basic supply and demand cost, so even if he borrowed money from the injured party, there was no intention or ability to pay the money on the fixed day.

As above, the Defendant: (a) by deceiving the victim; (b) received 500,000 won from the victim’s bank account (D) in the name of the Defendant on the same day; (c) from that time until May 2, 2017, the Defendant received a total of KRW 15,220,000 from that time until May 2, 2017.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of relevant Acts and subordinate statutes to the details of each account, the Kakao Stockholm Stockholm, credit information, and each suspect account;

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and the reason for the protection and observation of protection [the type of decision] of type 1 (less than KRW 100 million) [the person subject to special sentencing] - Where the person subject to aggravated crimes have been committed repeatedly over a considerable period of time [the scope of the recommended sentence] increased area [the scope of the recommended sentence] one year to two years and six months [the person subject to general sentencing] [the person subject to suspended sentence] of the same criminal conviction (less than 10 years after the completion of execution] that is not a repeated offense (whether suspended sentence is less than 10 years after the execution] of the same criminal conviction