A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On August 2018, the Defendant stated that the “C’s operation of the Defendant, which was located in Yong-si, Young-si, U.S., would be repaid with the interest of KRW 500,000 after three months if the Defendant lent KRW 10,000,000 to the victim D ( South Korea, 36 years of age) who was aware of the Kakakao to the Kakaoo Akaooox.”

However, on July 2, 2018, the Defendant engaged in the said sports club. On July 12, 2018, around July 12, 2018, the Defendant applied for individual rehabilitation because he/she could not repay approximately KRW 900 million of debt owed to financial institutions, etc. and KRW 40 million of tax in arrears, etc. In addition, he/she had no profit to the extent that he/she could not be paid the said sports club to employees, such as coaches who worked in the said sports club. Therefore, even if he/she borrowed the said money from the injured party, the Defendant did not have any intent or ability to repay the money

The Defendant, as seen above, by deceiving the victim and deceiving the victim, received 10 million won from the victim to the Agricultural Cooperative Account (F) in the name of the third party E on August 26, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (as to the currency content with witness E)

1. Application of the Acts and subordinate statutes governing entry into and withdrawal from the accounts of the complainants, closure of the contents of the Kakao Stockholm conversation between the complainants and the victim, C business registration certificate and receipt of report on closure of business, automobile transfer certificate, copy of the Kakao Stockholm conversation between the complainants and the victim, and the entry into and withdrawal from the accounts in the name of NA

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, under the grounds for sentencing under Article 62-2 (1) of the Criminal Act of the community service order, shall be determined as ordered by considering the following circumstances.

Unfavorable circumstances - the defendant is the victim.