A defendant shall be punished by imprisonment for six 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

The defendant did not have any intention or ability to repay money even if he borrowed money from the victim due to the lack of any occupation or income.

1. On January 27, 2012, the Defendant made a false statement to the effect that “If he/she lends money to gambling, he/she shall repay it within 10 days,” at Awon Development Consulting Office, Inc., Ltd. located in the Jung-gu Seoul Metropolitan Government, Jung-gu, and that he/she shall receive 38.7 million won from the victim on the face of the money borrowed from the victim and acquired it by deception.”

2. Around February 10, 2012, the Defendant, by deceiving the said victim in the same manner at the same place, was issued 31,50,000 won as the loan money from the said victim and acquired it by deception.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. Application of Acts and subordinate statutes of police statement protocol to C

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

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

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

1. The reasons for sentencing under Article 62-2 of the Probation Criminal Act are the crimes No. 1 [Scope of Recommendation] and the special mitigation area of types No. 1 (less than KRW 100 million) [1-1 year] and the special mitigation area of the crimes (special mitigation area), or the degree of deception is weak; in the case where the victim also has considerable responsibility for the occurrence of the crimes or the expansion of damage; in the case where the victim is not punished or has recovered from considerable damage, the second crime [the scope of Recommendation] in the special mitigation area of types No. 1 (less than KRW 100,000) [1-1 year] in the case where the victim intentionally commits the crime or the degree of deception is weak; in the case where the victim is also liable for the occurrence of the crime or the expansion of damage; in the case where the victim is also responsible for the victim's failure to pay punishment or the damage therefrom [the scope of the final sentence under the aggravated punishment] [the scope of imprisonment with prison labor from June to June].