A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

Around December 15, 2011, the Defendant called the victim B by phoneing to the victim B, and “B works as an insurance solicitor in the C insurance policy, and the president of the Construction Company intending to buy a large amount of ten million won per month at the inside of the premium is unable to pay the premium because there is no money. If the payment of ten million won is made on behalf of the insurer in the following month, the Defendant would receive 22 million won of the premium from the insurance company in the following month, and if the Defendant borrowed 10 million won of the premium to be paid on behalf of the insured, he would receive the payment of the premium and pay 12 million won in total by adding 2 million won of the interest to the 10 million won of the above month.”

However, there was no person who wants to buy a high-amount insurance with 10 million won monthly insurance premium around the defendant, and the defendant was liable for the principal amounting to about 60 million won at the time and for late payment damages equivalent to 1.5 million won per month, and there was no allowance of 22 million won from the company in the following month, so there was no intention or ability to pay interest in addition to 2 million won to the victim within one month.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim to the agricultural bank account of the Defendant around December 21, 201.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes on lists of Transactions by Account;

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. Suspension of execution under Article 62 of the Criminal Act (it has not been agreed with the victim, but no other criminal record exists except for a single-time fine, the confession and reflect of the crime, and the occupation of the victim, etc.);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;