A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On June 24, 2015, the Defendant deceivings the victim by making a false statement that “The Defendant would pay interest equivalent to KRW 800,000 per month if he/she lends money to the victim due to lack of living expenses, etc. despite being unable to repay his/her debt at the time, despite being urged by creditors to repay the loan from the victim C, the Defendant would not have any intent or ability to pay the principal even if he/she was unable to repay his/her debt at the time.” The Defendant was used by the victim at his/her seat, namely, from the damaged person.

A bank account (E) in the name of one hundred and fifty million won was remitted from the victim nine times in total, as shown in the list of crimes in attached Form 1, from around that time to March 11, 2016, including transfer of KRW 171,557,500 to the one bank account in the name of one bank.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Responses to requests for the details of each financial transaction, replies to requests for the provision of financial transaction information, and application of each investigation report (including supplements) statute;

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. 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. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., the full agreement with the victim, the fact that there is no other previous conviction except for the previous conviction of a fine in 2005, and the fact that it is not good to health conditions);