A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On February 7, 2011, the Defendant: (a) boarded a numberless vehicle in the vicinity of the Geum River Park located in the Gangseo-gu, Busan Metropolitan City; and (b) falsely concluded that “If the Defendant borrowed KRW 20,000,000,00,000 to the victim B, the Defendant sold it with the profits therefrom, and paid the principal amount within one year.”

However, the defendant thought that he would use the money received from the victim without any particular property or fixed income at that time, so even if he borrowed money from the victim, he did not have the intention or ability to pay it within the time limit.

On February 7, 2011, the Defendant, by deceiving the victim, was delivered KRW 10 million in cash in the vicinity of the Busan Dongdong-gu C, Busan, KRW 5 million in cash, KRW 3 million in the vicinity of the Busan Dong-gu, KRW 3 million in cash around June 201, KRW 20 million in the vicinity of the F apartment, and KRW 20 million in cash in the place near the Busan Dongdong-gu, Busan, KRW 20 million in September 201.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement No. B

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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. Reduction elements of less than KRW 100,00 (Specially Convicted Persons) below KRW 100,00 for fraud (type 1) according to the sentencing guidelines: Reduction area of mitigation area (the scope of recommending area and recommendation range), imprisonment with labor for one month or one year;

3. The sentencing conditions shown in the records and arguments of this case, such as methods of determining the sentence, the scale of damage, the agreement with the victim, the criminal records, and other criminal records, the age, character and conduct, and environment of the defendant, shall be determined as ordered;