A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

1. On December 2015, the Defendant committed fraud at the early December 2015, 2015, the Defendant was urgently needed to make the victim B to take directors at the mutual influorial cafeteria which is located under the Magyeong-si, Geumcheon-gu, Seoul.

A loan of KRW 5 million shall be repaid until May 2016, 2016.

“.....”

However, even if the Defendant borrowed the above money from the injured party, the Defendant did not have any intention or ability to change it as promised.

On December 9, 2015, the Defendant, by deceiving the victim, received KRW 5 million from the victim to the corporate bank account in the name of the Defendant on December 9, 2015.

2. On September 10, 2016, the Defendant committed fraud: (a) around September 10, 2016, there is insufficient money for the Defendant to enter into a contract with the Defendant to enter into a good restaurant with the Defendant at the mutual influorial cafeteria located under the Gung-si, Gyeonggi-si.

The loan of KRW 25 million has been extended, one to two weeks has been to receive a loan of insurance contract terms and conditions. Therefore, it is intended to pay a total of KRW 30 million up to the previous loan.

“.....”

However, even if the Defendant borrowed the above money from the injured party, the Defendant did not have any intent or ability to change it.

On September 13, 2016, the Defendant, by deceiving the victim, received KRW 25 million from the victim to the corporate bank account in the name of the Defendant on September 13, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes regarding remittance details, Kakao Stockholm dialogue content, A credit information, bank account transactions details, and past transaction details;

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act 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. The reason for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) (the scope of recommendation) is the mitigated area (one month to one year) of Article 62(1) of the Criminal Act.