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

1. On April 23, 2008, the Defendant made a false statement to the victim E who is an employee of the said restaurant at the “D” restaurant located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul, stating, “I will pay interest to the victim E with the money needed for the mother and child.”

However, there was no particular property at the time, and there was no intention or ability to repay even if the Defendant borrowed money from the victim because there was a situation where the Defendant had a debt equivalent to KRW 24 million such as card value and loan.

Nevertheless, the defendant deceivings the victim as above, and then acquired 5 million won in cash from the victim twice around that time, and acquired 5 million won in cash from the victim.

2. On November 4, 2009, the Defendant made a false statement to the effect that “G” located in Seocheon-gu Seoul Special Metropolitan City F would have “A house repair is required” to the victim, and if you lend money, the interest will be paid up to three copies per month.”

However, the defendant did not have any intention or ability to repay the above even if he borrowed the money from the victim as stated in Paragraph 1.

Nevertheless, the defendant deceivings the victim as above and acquired five million won from the victim, that is, he received from the victim.

Accordingly, the defendant deceivings the victim as above, and defrauds the total of KRW 10 million over two occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

1. The scope of the recommended sentence on the sentencing guidelines [the scope of the recommended sentence] is general fraud (less than KRW 100,000) and the reduction area (one month to one year) (special mitigation) is dolusent act, or a deceptive act is committed.