A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

1. Around December 2012, the Defendant committed fraud, around December 2012, the Defendant made a false statement to the victim E from the home of D located in Nam-gu Incheon Metropolitan City, Nam-gu, stating that “The Defendant may pay the money to the victim E”.

However, the Defendant had no economic difficulties due to the lack of income at the time, so there was no intention or ability to repay the obligation on the next day of the borrowing date and thereafter.

As above, the Defendant, by deceiving the victim as above, received 5 million won in cash from the victim on his job as the borrowed money.

2. On March 25, 2013, around March 25, 2013, the Defendant made a false statement to the effect that “Around March 25, 2013, at the D’s house as described in paragraph 1, the Defendant was holding the victim’s “Ycheon-dong, Nam-gu, Nam-gu, Seocheon-gu, and his father is the director of the Seoul U.S. branch office of the Bank.” On the one hand, the Defendant would use money only for a month and return it along with the interest.”

However, in fact, the Defendant did not have the ability to repay the debt due to the lack of income as stated in Paragraph 1, and was scheduled to use the borrowed money as hospital expenses and living expenses of the husband, and there was no separate property such as apartment house, so even if he borrowed money, there was no intention or ability to repay it.

The Defendant, as above, by deceiving the victim, received cash of KRW 10 million from the victim’s occupation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on notarial deeds;

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

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

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 Social Service Order Criminal Act [the scope of recommending punishment] General Fraud (less than KRW 100 million) and there is no basic area (six months to one year and six months) [special person] [the decision of sentence] victim.