A defendant shall be punished by imprisonment for not more than ten months.

except that 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

On December 3, 2015, the Defendant made a false statement to the effect that “If the Defendant borrowed 950,000 won, including interest 50,000 won, if he/she borrowed 1,000 won to the victim B, he/she would repay 1,00,000 won, including interest 50,000 won, after one week, to the victim B around the (ju) Broadcasting Vehicle Services in Yeongdeungpo-gu Seoul Metropolitan City.”

However, in fact, the Defendant borrowed money from the victim to pay the Defendant’s personal debt, and considered investment in stocks. At the time, there was a debt amounting to about KRW 45 million in addition to the passenger car with the market price of KRW 5 million, and there was no intention or ability to repay the debt even if it borrowed money from the victim without any particular property.

As above, the Defendant, by deceiving the victim as above, received KRW 950,00 from the victim, namely, from the victim who was affiliated with the Defendant, i.e., received KRW 950,00 from the victim as the borrowed money, and obtained KRW 82,55,00 from November 9, 2012 to February 25, 2016 by the aforesaid method, and obtained KRW 8,255,00 from

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to B, C, D, and E;

1. Each statement of F, G, H, I, J, and K;

1. Application of Acts and subordinate statutes on each receipt of loan, each certificate of transfer, and each account transaction;

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

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence takes into account the circumstances unfavorable to the Defendant by deceiving a considerable amount of money from many victims and consuming it through stock investment, and considering the favorable circumstances that the Defendant was the primary offender, and all victims agreed to pay KRW 52 million out of the total amount of damage, the amount of which has been repaid shall be considered, and the scope of recommended punishment according to the sentencing guidelines in consideration of various sentencing conditions, such as the Defendant’s age, character and conduct, environment, etc. (the amount less than KRW 100,000,000) shall be mitigated (one month to one year).