A defendant shall be punished by imprisonment for not less than eight 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 November 28, 201, the criminal defendant against the victim C made a false statement to the victim’s house located in Sinpo-si D and 305 on November 28, 201, stating that “If the victim’s house loans KRW 5 million as he/she needs to pay the money, he/she shall be paid the money up to December 28, 201.”

However, in fact, the defendant was unable to repay the principal and interest of 16 million won at the time, so even if he borrowed money to the victim, he did not have any intention or ability to repay it.

As such, the Defendant, by deceiving the victim, obtained 5 million won from the damaged party to receive the delivery of 5 million won from the same place.

2. On August 30, 2012, the Defendant made a false statement to the victim of the victim E, “on the face of a month in which he/she lends the victim KRW 16 million to the guarantor, his/her mother will be injured within one month, and his/her mother will be injured as the guarantor, and the amount of KRW 20 million shall be calculated as the interest of KRW 20 million after the two months, and repayment shall be made by October 30, 2012 by calculating the amount of KRW 20 million as the interest of KRW 5% in the second half of the month.”

However, at the time, the Defendant had no intention or ability to pay her mother as a surety, without having joined the system, and even if she borrowed money from the injured party, she did not have any intention or ability to repay it.

The defendant deceivings the victim as such, and causes the same damage to the victim.

9.3. Around March, 198, he/she acquired 16 million won by remittance to an account under the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Application of Acts and subordinate statutes to the process certificate, each money borrowing certificate, and detailed statement of passbook transactions;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of a penalty;

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] is the basic area (from June to June) of the first type of fraud (less than KRW 100 million).