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.

Punishment of the crime

1. Around December 10, 2011, the criminal defendant, who committed the fraud, told the victim C of the phone call from the French land on December 5, 2011, that “I would refund 10,000,000 won to the victim C if I lend money.”

However, at that time, the Defendant was liable for a total of approximately KRW 88,77 million for the Seocho-gu Saemaul Savings Depository and D, and the card price was overdue. Since around September 201, 201, the “E” folklore store operated by the Defendant had no other income or property, there was no intention or ability to repay the money even if it was borrowed from the victim.

Nevertheless, around December 10, 201, the Defendant, by deceiving the victim as above, received 10,000,000 won from the Defendant’s agricultural bank account under the name of the Defendant from the victim and acquired it by deceiving the victim.

2. On January 17, 2012, the criminal defendant, on the part of the police officer on the part of the mid-to-date on December 2011, 201, made a false statement to the effect that "the defendant, on the part of the police officer on the part of the police officer, was scheduled to set up KRW 10,000,000 as he/she used the phone, which he/she operated on January 201, 200, which would be 10,000 won for the premium and KRW 10,000,000 for the premium if he/she sold it."

However, in fact, as described in paragraph (1), the Defendant was fit for E folklore points from around September 201, and the Defendant was unable to pay staff wages. Since from January 2012, it was deducted from the deposit due to the failure to pay monthly wages, it was deducted from the delayed payment from the deposit, so there was no intention or ability to pay the said amount even if he borrowed money from the victim.

Nevertheless, around January 17, 2012, the Defendant, by deceiving the victim as above, received 10,000,000 won from the Agricultural Cooperative Account in the name of the Defendant from the victim and acquired it by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Details of transactions, and a detailed statement of passbook transactions;