A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Punishment of the crime

Around July 18:00 on July 7, 2017, the Defendant made a false statement to the victim C’s office located in Changwon-si, Changwon-si, Changwon-si, that “The employees need to provide money to the victim for the treatment of cancer and do not lend money to the victim. If the Defendant borrowed money, he/she will pay the money immediately.”

However, in fact, mother did not need to pay money at cancer treatment costs. The Defendant had a debt equivalent to KRW 10 million, and bank debt was more than KRW 5 million, and since the Defendant thought that the amount borrowed from the victim was a credit card payment, etc., there was no intention or ability to pay the amount even if he borrowed money from the victim.

As above, the Defendant, by deceiving the victim as above, wired the victim’s total sum of KRW 3 million on the same day, KRW 2 million on July 10, 2017, and KRW 10 million on August 9, 2017 from the victim’s bank account in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on the transactions of entry and departure;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: One month to ten years;

2. The scope of recommendations according to the sentencing guidelines [decision of types] and the scope of fraudulent crimes [type 1] and there is no person who is less than KRW 100 million [the scope of recommendations and recommendations] (the scope of recommendations and recommendations]. The basic area of recommendations, six months to one year and six months.

3. The Defendant, by deceiving the victim who employs himself, borrowed KRW 10 million.

However, the defendant is waiting to commit a crime and is against his own will.

The amount of damage is relatively large, and the degree of deception is not much important.

It is an initial crime that has no criminal power.

The age, character and conduct, environment, relationship with the victim, and crime of the defendant.