A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

On October 24, 2015, the Defendant made a false statement to the victim E who worked together as an employee at a cafeteria among the “D” located in Gwangju Mine-gu, Gwangju, and the victim E who borrowed 1 million won as an employee.

However, the defendant did not have any intent or ability to repay the debt even if he borrowed money from the injured party because he had been liable for the debt of 50 million won at the time.

Defendant deceiving the victim as above and received KRW 1,280,000 from the victims, from the victim to the new cooperation G account in the name of F on the same day, and from February 22, 2016, the Defendant acquired the total amount of KRW 13,280,000 from the victims, from the time to February 22, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H, I, J, and E;

1. Details of account transactions, issuance of confirmation of transfer, details of deposit and withdrawal transactions, copies of passbooks, confirmation of transactions of deposit and withdrawal, and a statement of transactions of self-reliance deposits;

1. Application of Acts and subordinate statutes to a criminal investigation report (with respect to the calculation of the amount of damage, reporting on the hearing of victim J's statement, H and K president's hearing of statements);

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

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

1. In light of the fact that the crime for sentencing under Article 62(1) of the Act on the Suspension of Execution is against the reason for sentencing under Article 62(1) of the Criminal Act, there is no record of crime exceeding the fine, and around 2 months are detained in prison, considering the favorable circumstances, the fact that the damage has not been recovered, the punishment is determined as ordered, taking into account the total amount of the fraud, the age of the defendant, sexual conduct, environment, family relationship, motive, means and consequence of the crime, etc., and taking into account all the factors of sentencing as indicated in the argument of this case, such as the circumstances after the crime, etc.