A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On May 22, 2015, the Defendant received KRW 29,109,560 in total from the victim D’s account under the name of the Defendant (Account Number: E) in the name of one bank in the name of the Defendant, and acquired KRW 1.5 million from the victim under the name of the Defendant, as stated in the attached Table of Crimes, on the following grounds: (a) the Defendant received money from the victim D in Seongbuk-gu Seoul; (b) the Defendant did not have a plan to open a bank; (c) the Defendant did not borrow money from the victim; (d) the Defendant did not have any capacity to repay the money from the victim; and (e) the Defendant did not have any capacity to repay the money from the victim; and (e) did not have any capacity to open a new seed bank.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement No. 2 and No. 3 as to the accused in D among the suspect interrogation records for the police;

1. Each certificate of borrowing money and each statement of transfer;

1. Application of Acts and subordinate statutes on the list of crimes on which signatures are affixed and sealed after confirming the name of the complainant;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to ten years;

2. Where the scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] is general fraud (less than KRW 100 million) and the mitigation area (one month to one year) [the person who has been specially mitigated] is not subject to punishment, or damage equivalent to a considerable portion has been restored;

3. The fact that the victim was accused by active means over a long-term period of determination of sentence, and that the amount of fraud is not much specified is disadvantageous.

On the other hand, 12,90,000 won out of the amount of fraud was repaid, deposited on June 9, 2017, and supported the minor's children, and the fact that there is no criminal history except that there is only one time, and that there is no criminal history.

In light of the above circumstances, the sentencing conditions, such as the character, conduct and environment, etc. of the defendant, shall be imposed as ordered.