A defendant shall be punished by imprisonment for six months.

except that 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

Defendant,

1. On June 2003, at one’s own house near Jeju City around 2003, a false statement to the effect that “if money is loaned to purchase a vehicle by September 2003, it shall be repaid if money is necessary to purchase the vehicle,” the victim shall receive KRW 10 million from the victim on the same page and shall acquire it by fraud, even if he/she borrowed money;

2. On March 3, 2004, at the victim’s house located in Jeju-si E, a false statement to the effect that “If a person lends the same living fund to the victim despite having no intent or ability to repay the borrowed money, he/she would immediately repay the borrowed money to the victim” was obtained from the victim and acquired eight million won from the victim’s position.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement D among the suspect interrogation protocol of the police against the accused;

1. Application of Acts and subordinate statutes to a certificate of borrowing money;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Article 347 (1) of the Criminal Act;

1. Aggravation of concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution: The decision is made in accordance with the order, taking into account the following circumstances and the scope of recommended sentences [the range of sentence [the crime group, general fraud, type 1 (less than KRW 100 million), the mitigation area (special mitigation area), the imprisonment for not more than one year] on the grounds of sentencing in Article 62(1) of the Criminal Act (the conditions of sentencing specified in Article 51 of the Criminal Act as stated in the grounds of sentencing) and all of the following circumstances. favorable circumstances: the time when the crime is committed; the time when the crime is committed; the first crime without previous conviction; the injury cannot be said to be small; the injury was not paid yet; and the decision is made in accordance with the order due to the circumstances after the crime and the defendant's age and health conditions, etc.