A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On July 9, 2018, at around 01:0, the Defendant made a false statement to the victim B, stating that “The Defendant is operating the UN Entertainment Company, as the money is urgently required, only KRW 20 million is borrowed, and it is possible to repay it within one week.”

However, the Defendant had no intention or ability to pay the borrowed money normally within one week as agreed to the victim, because at the time, the Defendant did not pay the employee’s salary and had been faced with financial difficulties due to the use of high interest bonds, while there was no other profit-making situation.

Nevertheless, on July 9, 2018, the defendant deceivings the victim as above and acquired the sum of KRW 20 million from the bank account in the name of the defendant C (number: D) around July 9, 2018 by delivery from the victim.

Summary of Evidence

1. Legal statement of the witness B;

1. The loan certificate;

1. Details of transactions;

1. The details of conversation;

1. A detailed statement of C transactions;

1. Summary order;

1. A letter of response to an order to submit a statement of response [the evidence of each of the above adoption and the following circumstances known in light thereof, namely, the financial condition and details of use of funds of the corporation (stock company E) in which the defendant and the defendant worked as the representative; circumstances where the defendant failed to pay the victim debts for a long time because the amount of lease deposit or revenue of the corporation recovered by the defendant was insufficient; details of overdue payment of wages of the defendant; scale of the business operated by the defendant; status of the defendant; and

In light of the fact that a statement, etc., a criminal defendant may be acquired through deception.

Application of Statutes

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: One month to ten years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [the type of fraud].