A defendant shall be punished by imprisonment for six 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

In fact, the Defendant was expected to use the money to repay his personal debt from the victim C, and even though he did not have any intent or ability to repay the money, on June 2016, the Defendant would have to lend the money to the victim C within six months as the expenses need to be paid to the parent C who was admitted to the Medical Care Center.

“Along on June 27, 2016, the victim was provided with KRW 10 million with a new bank account (D) opened in the name of the Defendant from the victim on or around June 27, 2016, and on August 16, 2016, the victim was able to guide the father to the medical care center.

In order to be hospitalized in a hospital, hospital expenses are required, and 2 million won shall be loaned to the hospital, and it shall be repaid 10 days after the loan.

“A false statement,” which received KRW 2 million from the above new bank account in the name of the accused on the same day, and acquired the total amount of KRW 12 million.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C by the police in the protocol; and

1. Application of each statute stated in the identification card, the inquiry of transaction details, the text message details, and the original copy of a process deed;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

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. The reason for sentencing under Article 62(1) of the Criminal Act on the suspended execution [the scope of applicable sentences under the law] [the scope of applicable sentences under the law] imprisonment with prison labor for not more than 15 years [the total sum of profit amounts] (the scope of recommended sentences] of the group of fraudulent crimes under the basic area of general fraud [the scope of recommended sentences]: From June to June of imprisonment with prison labor, one year and six months [the person subject to general sentencing] mitigation element: The past record that there is no criminal punishment (the ruling of sentence] that two years of suspended execution are contrary to the defendant's confession of the crime and there is no record of criminal punishment, etc.