A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

The defendant is a person who manufactures and sells a steel network with the trade name of B.

On April 26, 2017, the Defendant made a false statement that “If the Defendant borrowed KRW 60,000,000 necessary for the wire network business to the victim E, the Defendant would repay all the interest and principal after three months.”

However, at the time, the Defendant was liable to the financial institution for a debt of 1.2 billion won or more, and the real estate owned by the Defendant did not have any collateral value, such as the establishment of a collateral worth of 1.6 billion won in total, and there was no profit accrued at the time. Moreover, even if the borrowed money was not intended to use it in the wire network business due to the plan to extend the maturity of the FF loans, it did not have any intent or ability to pay the principal and interest within three months.

On April 28, 2017, the Defendant, by deceiving the victim as above, received a remittance of KRW 60 million from the victim to the F account under the name of the Defendant, and fraudulently acquired it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes concerning details of transactions;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting the crime, Article 347 (1) of the Criminal Act selection of the penalty, and reasons

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

2. Scope of recommendations according to the sentencing guidelines (decision of types) [the scope of recommendations] according to the sentencing guidelines, and commits fraud [the type 1] below the amount of 100 million won (a special person] below the amount of mitigation: The area of reduction of punishment [the area of recommendations and the scope of recommendations], the area of reduction of punishment and imprisonment for not more than one year;

3. The crime of this case by which the defendant deceivings the victim and defrauds the victim of 60 million won is not sufficient in light of the amount of damage, method and result, etc.

However, the fact that the defendant is recognized to be wrong, that the victim does not want the punishment of the defendant in consultation with the victim, and that the defendant has no criminal records other than the one time fine.