A defendant shall be punished by imprisonment for six 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

On April 27, 2017, the Defendant concluded that, in the Gangseo-gu Seoul, Gangseo-gu, Gangseo-gu, Seoul, the Defendant would pay 2% interest on each month if he/she borrowed money to a related party B, which he/she would be repaid three months after filing an application for land loan at the above lending site.

However, in fact, the Defendant did not have any intention or ability to newly construct a new loan from North Korea and was willing to use the loan from the victim to repay the existing debt, and thus did not have any intent or ability to repay the money as agreed even if he borrowed money from the victim.

Nevertheless, the Defendant received KRW 30 million from the victim to the new bank account (C) in the name of the Defendant on the same day under the name of the Defendant, and received KRW 4 million from June 13, 2017 to the said account.

Accordingly, the defendant deceivings the victim, and obtained a total of 34 million won from the victim, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to a criminal investigation report (Submission of additional materials by a complainant);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and there is no person who is less than KRW 100 million [the category 1] (the scope of recommendation field and recommendation range] and the basic area of recommendation [the scope of recommendation field and recommendation range], six months to one year and six months.

3. Determination of sentence: Imprisonment with prison labor for six months, suspension of execution for two years, and the nature of the crime in this case is not weak in light of the method of crime and the degree of damage, but still there is no agreement with the victim.