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

On November 2010, the Defendant made a false statement to the victim D at the house of the defendant of the defendant of Jindo-gun, Jindo-gun, Jindo-gun, Jeonnam-gun, stating that “The defendant will sell all uniforms after a year if he/she lends money to the victim D as it is necessary to increase the number of partitions.”

On September 3, 2012, the lower court determined that KRW 10 million will be used for the purchase of the uniform. However, at the time, the Defendant had already been unable to lend a large amount of money from the winners in order to purchase the uniform or use it as the cost of living, and even if the Defendant sold the uniform, it was not clear that normal repayment was made even if he/she borrowed money from the victim because he/she had to use it as the cost of living.

As above, the Defendant, by deceiving the victim, received KRW 26 million from the victim on November 29, 201, KRW 29 million on December 22, 2010, KRW 4 million on January 14, 201, KRW 3 million on February 15, 201, KRW 200,000 on March 22, 201, KRW 500,000 on March 28, 201, and KRW 10 million on September 3, 201 from the victim, and acquired it by receiving KRW 50,90,000 on eight occasions, including receiving KRW 5,2.9 million on September 3, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Part concerning D's statement among the suspect interrogation protocol against the defendant by the prosecution

1. Statement made to D by the police;

1. A certificate of deposit, a copy of passbook, or a copy of a loan;

1. Application of Acts and subordinate statutes to inquiries about the details of transactions in each account of E and A;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 (1) of the Selection of Punishment (Overallly, Selection of Imprisonment);

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 (1) of the Act on Probation, etc.;

1. Where a person intentionally commits a deceitful act in the mitigated area (one month to one year) of mitigation (one year) (special mitigation) by applying the sentencing criteria [the scope of recommending punishment] the general fraud type 1 (less than one hundred million won).

2. The defendant should be strictly punished in light of the fact that the amount of fraud by the defendant in the decision of sentencing is not substantial and that the damage is not recovered.