A defendant shall be punished by imprisonment for four months.

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

Criminal facts

Around July 24, 2013, the Defendant made a false statement to the effect that “D Company” office located in Kimhae-si C, that “A victim B (the age of 58), the president of the said Company, should be able to perform blood speculation due to the aggravation of kidne’s disease, and if the Defendant borrowed money, he/she would have to pay money with installment savings around October 31, 2013.”

However, in fact, the Defendant was the intent to use the borrowed money for the payment of living expenses and the repayment of debts, and there was no intention or ability to repay the borrowed money due to the absence of a de facto installment savings.

The Defendant, by deceiving the victim as above, received KRW 9,320,000 from the victim, around that time, and also received KRW 1,00,000 from the deposit account in the name of the Defendant and acquired KRW 10,320,000 in total.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. A written statement prepared by the defendant;

1. A complaint;

1. The loan certificate;

1. Application of Acts and subordinate statutes on remittance passbook copies;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Articles 25(1), 31(1), (2), and (3) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation [Scope of Recommendation] No person who has no basic area (six to one hundred million won) (six to one year and six months) [Pronouncement Decision] [Pronouncement Decision] 4 months of imprisonment, one year of suspended execution (the above sentence that is somewhat lower than the recommended sentence considering the method and content of the crime, the amount of money acquired, etc.];