1. The defendant shall be punished by imprisonment for one year;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant, the representative of management consulting company (state) D, was a English instructor for Samsung Electronic, around 201, the defendant has maintained a friendly relationship with the victim by giving the victim advice related to insurance and re-examination to the victim after becoming aware of the victim E.

On September 5, 2014, the Defendant re-investment in the private equity fund by lending money from people to the victim in the car page near Young-gu, Suwon-si.

If the company operation expenses, etc. lend money to the company, the sum of the principal and interest of 8-9% or more of the party shall be paid in installments for 24 months.

However, the Defendant had no intention or ability to repay the personal debt amounting to KRW 200,000,000, because the Defendant was urged to repay the debt amount without any particular income.

Nevertheless, the Defendant, as seen above, obtained a false statement from the victim and acquired 30 million won from the victim to the SC bank account under the name of the Defendant on that day, and acquired it by fraud. From around that time to November 24, 2015, the Defendant received a total of 190 million won from around five times, as shown in the List of Crimes, and obtained it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Complaint;

1. A statement of transaction details, a written confirmation of electronic financial transfer results, inquiry of transaction details of deposits and withdrawals, transaction details, and account statement;

1. A certificate of all registered matters;

1. The loan certificate;

1. Kakao Stockholm messages;

1. Details of account transactions;

1. Application of Acts and subordinate statutes to a report on investigation (verification of debt details);

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice 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. 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 community service order under Article 62-2 of the Criminal Act