A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

In fact, on November 2010, the Defendant was an employee of the “C” party head in Seo-gu, Seo-gu, Gwangju, and there was no specific plan or fund for the acquisition and operation of the party head. Even if the Defendant borrowed money from the victim D in the name of the acquisition cost of the party head, the Defendant was willing to use it in his/her living cost, etc., and even if there was money, there was no intent to pay the said money to the victim.

Nevertheless, the Defendant, in the middle of November 2010, received KRW 1.1 million from the Defendant’s name to the Agricultural Cooperative account, and received KRW 1.6 million from the Defendant’s name to the Agricultural Cooperative account, on February 24, 2011, on the following grounds: (a) false statement stating that “in Korea, from March 1, 2011, the acquisition cost of the party hall and the purchase cost of the party hall need to be incurred; (b) the party hall will be repaid in full; (c) the Defendant would be paid KRW 4 million from the victim during the period from November 2010 to February 20, 201; and (d) the Defendant received KRW 4 million from the Agricultural Cooperative account in the name of the Defendant.

Accordingly, the defendant deceivings the victim and defrauds 6.7 million won in total.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to the lender, a copy of the list of crimes, the details of transactions of passbooks in the name of national bank, and the borrower A;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The Defendant committed the instant crime without being aware of the fact that the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act and Article 59 of the Act on Probation, etc. was only a criminal of the same kind, and there was a history of punishment of fine and punishment of suspended sentence over five times, and the Defendant committed the instant crime. Nevertheless, it was followed that the victims did not recover from a full damage.