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

On June 6, 2014, the Defendant had the amount of KRW 50 million for the victim at the residence of the victim D, Seo-gu, Daejeon District Court Decision 301, Seoul, to the extent of KRW 50 million.

The principal and interest of each month shall be paid in 1.5 million won, and the amount of interest shall be too close to this.

To lend KRW 45 million, it shall be paid immediately with the repayment of KRW 10 million for the lease deposit of apartment houses currently living at present, and the remainder shall be paid with approximately KRW 1,00,000,000 which has been paid monthly in the previous 2 financial rights.

“Around June 13, 2014, one bank account under the name of the Defendant was remitted KRW 20 million from the victimized person to the account of a national bank under the name of the Defendant, and KRW 25 million from August 19, 2014, respectively, on or around August 19, 2014.

However, at that time, the Defendant had a debt owed to a financial institution in KRW 65 million and had not been repaid with money borrowed from a large number of persons, as well as had to deduct the monthly rent from the deposit because the Defendant was unable to pay the monthly rent of the apartment in which he resides, and thus, there was no intention or ability to repay the debt even if he borrowed money from the victim.

Accordingly, the defendant deceivings the victim, and he received a total of KRW 45 million from the victim, and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the Defendant’s age, occupation, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., and the conditions of various sentencing as shown in the instant arguments shall be comprehensively considered and determined as ordered.

Unfavorable circumstances: In light of the circumstances and contents of the instant crime, etc., the liability for the crime is not easy, and the amount of fraud is not specified.