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 May 26, 2010, the Defendant received an order from the victim D's house located in Suwon-si, Suwon-si, for the head of Jeju-do, the Defendant ordered the Victim D's house to “Stak Jeju-do, the name of Jeju-do, and the modern department store, etc.

A false statement was made to the effect that the loan of KRW 100 million is used only for six months on the face of a week, and that it will be repaid without a mold with interest.

However, in fact, the Defendant was unable to lend KRW 30 million from another person at the time, and even if he borrowed such money from the injured party as above, he did not have any intention or ability to repay the money.

The Defendant received, from the injured party on the same day, a copy of a check of KRW 83 million in face value from the first floor of the F Hospital in Suwon-gu, Suwon-si, Suwon-si, and a copy of a check of KRW 37 million in face value from G through G at the post office counter located in the seal-dong at the next day and at the post office counter located in the seal-dong at the next day.

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

Summary of Evidence

1. A defendant's partial statement (a statement recognizing facts in the judgment);

1. Some statements made by the prosecution against the defendant in the suspect interrogation protocol (a statement that did not specifically think of how to repay money to the victim at the time of lending money to the defendant);

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of the recommended punishment] is the case where a person intentionally commits a deceitful act in the area of special mitigation (from May to February 6) (the special mitigation factors) [the special mitigation factors] or the degree of deceptive act is weak, there is no criminal conviction in the defendant [the decision of the sentence], and there is no criminal conviction in the defendant's age, sex and environment, motive, means and consequence of the crime, the circumstances after the crime, etc.