A defendant shall be punished by imprisonment for not less than eight 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

Around October 2018, the Defendant: (a) from the “CFCC Bank” operated by the Defendant in Suwon-si, Suwon-si, the Defendant: (b) paid the interest on the third part of the month; and (c) set the deposit for the lease of the house held by the director as a collateral. The Defendant borrowed the money as essential to repay the money by fraud.

However, in fact, the Defendant was thought to use the money borrowed from the victim as expenses related to directors, such as deposit, but as expenses for debt repayment, credit card payment, and operating expenses of the game room, and there was no intention or ability to repay the money even if it was borrowed from the victim because it was under circumstances to prevent the Defendant from returning the money by bearing the debt from the lending company and the person at the time.

Nevertheless, the Defendant received 28.8 million won from the victim to the bank account in the name of the Defendant on the 25th day of the same month.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The application of Acts and subordinate statutes to accusation, evidential documents, certificates of deposit transaction record, personal credit information reply;

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

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: Although the amount of damage is not a considerable amount, most of the damages have not been paid up to now, circumstances favorable to the fact that the victim has failed to take advantage of his/her wrongness: The fact that there are no criminal records other than the defendant's age, attitude, environment, background, means and consequence of the crime, etc., and the various sentencing conditions shown in the records and arguments, including the defendant's age, attitude, environment, circumstances of the crime, means and consequence, etc., shall be determined as ordered by taking into account the following factors.