A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Punishment of the crime

On December 2, 2011, the Defendant stated that “In the office of the victim D, which is located in the building C in Gyeyang-gu, Gyeyang-gu, Gyeonggi-gu, Gyeonggi-do, the Defendant had already concluded a contract with the victim, and the part payment was somewhat insufficient to lend money to the victim. The Defendant loaned money to the victim. It is possible to immediately return money for a period of one month, since the part payment is paid and the proceeds are closed, and the part payment is closed.”

However, the facts are merely the stage of planning an artist E at the time, and thus, it was very inappropriate to repay the money borrowed from the victim within the fixed period of promise. Since the defendant's separate obligation should be paid rapidly, it was the situation that it is necessary to use the money to repay the above debt if he/she borrows money from the victim.

Around December 30, 2011, the Defendant received KRW 27 million from the victim’s account to the Defendant’s account and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes concerning the account transfer of borrowed money;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the decision of the type of punishment] The basic area of less than KRW 100 million [the decision of the recommended area] [the scope of recommendation] six months to one year and six months [the scope of punishment] - the serious element of mitigation [the scope of punishment] statutory punishment under Article 347 of the Criminal Act: January to ten years [the scope of suspended sentence] - Major reasons for major writing : negative non-agreement - In a case where positive damage is considerably small, substantial damage is recovered, or considerable damage is recovered: deposit of a considerable amount of money that there is no criminal conviction above the positive half of the suspended sentence, partial recovery of damage, and effort to recover serious damage [the decision of the sentence].