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

The Defendant, by deceiving the victim B as follows, obtained a total of KRW 20 million from the victim twice.

1. On August 23, 2019, the Defendant made a false statement to the victim that he/she became aware of from the branch of D, which is located in Busan, to the effect that “A 10 million won is needed. If the Defendant borrowed KRW 10 million, 200,000 per month interest shall be paid and repaid after one year shall be paid.”

However, at the time, the Defendant was liable for a financial institution worth approximately KRW 27 million, and approximately KRW 81 million was liable for personal debt, and the Defendant was under circumstances such as so-called “fluoring” because there was no particular asset and income, so even if he borrowed money from the victim, he did not have any intent or ability to fully repay it.

The Defendant, by deceiving the victim as such, received KRW 10 million from the victim to the E bank account in the name of the Defendant on the same day under the name of the victim.

2. On August 27, 2019, the Defendant made a false statement to the victim, stating that “D has written his/her card to the victim, which is a big part of 10,000 won, because D has to pay off the card. As D has to do so, the Defendant borrowed KRW 10,000,000 to the end of November.”

However, due to such economic circumstances as above, there was no intention or ability to repay the money in addition to the money from the victim.

The Defendant, by deceiving the victim as such, received KRW 10 million from the victim to the E bank account in the name of the Defendant on the same day under the name of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes to each loan certificate, each receipt, and the details of proceedings of the Supreme Court site;

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. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. The scope of recommending punishment according to the sentencing criteria (a decision on types of larceny) shall be the thief;