A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

From May 25, 2016 to December 26, 2016, the Defendant concluded that “The Defendant would pay hospital expenses to the victim in the vicinity of the B’s house in the Kimhae-si, Kimhae-si,” “The mother did not have any money for open opening, and the Defendant would pay the money after two months from the revenue accrued from the sales of clothing at the KaKakao Stoo, a loan.”

However, as the mother of the defendant does not need hospital expenses, even if he/she borrowed money from the injured party, he/she did not have any intention to pay the above money to the injured party for lack of any other income.

As such, the Defendant, from May 26, 2016 to June 1, 2016, got the victim to borrow KRW 19.9 million from the OSB Savings Bank, Hyundai Savings Bank, and Cho to get the victim to borrow KRW 14.9 million from the savings bank, and then, acquired the victim to receive KRW 4 million from the victim on May 26, 2016, KRW 19.3 million from May 27, 2016, KRW 4 million from May 27, 2016, and KRW 400,000 from June 1, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to B;

1. Recording notes;

1. A written confirmation of transaction details and a statement of entry;

1. Application of Acts and subordinate statutes to a copy of loan certificate;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the choice of punishment (in comprehensive, the choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. The basic area (referring to six months to one year) of the sentencing criteria [the scope of the recommended punishment] and the basic area (referring to the period of less than 100 million won) of the general fraud; and

2. The fact that the Defendant, who was sentenced to sentence, abused trust relationship with the victim who is friendly and thereby actively belongs to the victim so that he/she can obtain a loan from the second financial sphere, is not easy to obtain the money under the pretext of the loan.

Until now, the damage has not been completely recovered and efforts have been made to recover the damage.