A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

1. On October 23, 2014, the Defendant made a false statement to the victim B that he/she would return within three months, on October 23, 2014, at the coffee shop located in Gyeyang-dong, Yangju-dong, Yangju-dong.

However, the Defendant, around that time, ordered the construction of the general housing C general housing in Gangwon-gun, was at the construction site, and the 60 million won was considered as the deficit occurred, and the Defendant did not have any intent or ability to pay the 60 million won even if he borrowed money from the injured party due to the excess of the obligation for which the personnel expenses of the father are not paid.

Nevertheless, the Defendant received KRW 20 million from the injured party to the Agricultural Cooperative Account under the name of the Defendant for the same day as the borrowed money.

2. On November 14, 2014, the Defendant, on November 14, 2014, filed a false statement with the victim stating that “on-site personnel expenses shall be paid only once a week if he/she lends 4,500,000 won to the Plaintiff via telephone,” but the Defendant did not have any intent or ability to complete payment even if he/she borrows money from the damaged person on the grounds as set forth in paragraph (1).

Nevertheless, the Defendant received 4.5 million won from the injured party to the account in the name of the Defendant.

Accordingly, the defendant deceivings the victim and defrauds the total amount of KRW 24.5 million on two occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A complaint;

1. Application of Acts and subordinate statutes to a loan certificate or a statement of transfer of other accounts;

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

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommended punishment] of the general fraud type 1 (10 million won).