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.

Punishment of the crime

On February 19, 2018, the Defendant called the victim C with an entertainment drinking club member B in Ansan-si, an entertainment drinking club member B and repaid KRW 600,00 to the victim C with no money for management expenses.

The phrase “the meaning was false.”

However, the Defendant did not have any intent or ability to repay the debt amounting to KRW 100,000 and KRW 16,000,000,000 with no particular income or property at the time, as the Defendant was liable for the debt amounting to KRW 16,00,00.

On February 19, 2018, the Defendant, by deceiving the victim as above, received 600,000 won from the victim’s credit account (D) under the name of the Defendant, and received 600,000 won from that time to April 30, 2018, and acquired 93,428,000 won in total from April 30, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation reports (related to the submission of details of transactions who are a complaint), investigation reports (verification of capacity to repay credit, etc. of a suspect), investigation reports (verification of details of transactions in the name of a suspect), and investigation reports (report on details of transactions in the account of a victim);

1. Criminal conciliation decision, criminal conciliation protocol, withdrawal of complaint, and notarial deed;

1. Application of Acts and subordinate statutes to the accusation site (including the attached Kakakao Stockholm text messages and details of repayment made by the victim);

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Fraud (less than KRW 100 million) where mitigation area (one month to one year) (special mitigation person) or considerable part of damage is recovered [decision of sentence] where the amount acquired by the defendant is reasonable and the amount acquired by the defendant is reasonable and there is a record of punishment for the same kind of crime is disadvantageous to the defendant.

However, the defendant recognized the crime of this case, and the victim was punished for the defendant by mutual consent with the victim.