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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.
Reasons
Punishment of the crime
On October 30, 2012, the Defendant made a false statement to the effect that “If 18 million won is leased to the victim, 39% interest rate shall be given from November 25, 2012 to April 30, 2013, the Defendant would make a lump sum payment to the victim at the law firm office located in 503 of building B in Seongbuk-gu, Sungnam-si.”
However, at the time, the defendant had a debt of KRW 100 million and had no intention or ability to repay the debt even if he borrowed money from others.
Accordingly, the defendant deceivings the victim as such and obtained 18 million won from the victim as the borrowed money in the same place.
Summary of Evidence
1. The defendant's partial statement in the first protocol of trial;
1. Police suspect interrogation protocol of the accused;
1. Statement made to D by the police;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Relevant Articles of the Criminal Act and the choice of punishment concerning the facts constituting the crime: Article 347 (1) of the Criminal Act;
1. Suspension of execution: The reason for sentencing under Article 62 (1) of the Criminal Act [the decision on the type of deception] [the general fraud] reduction element of less than KRW 100 million: ① In a case where a person intentionally commits a deceptive act, or the degree of a deceptive act is weak, ② in a case where a person committed a deceptive act intentionally at fault or the degree of the deceptive act is weak, ② in a special mitigation element [the decision on the recommended area] [the decision on the recommendation area] [the general mitigation element] [the suspension of execution] there is no record of criminal punishment [the suspension of execution]: ① In a case where a person intentionally commits a deceptive act, or the degree of a deceptive act is weak; ② in a case where a person intentionally commits a deceptive act, ② in a case where a substantial loss is considerably