A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On October 2010, the Defendant would pay back to the victim B by telephone at a closed place.

1. As seen, the Plaintiff made a false statement to the effect that the Plaintiff was “.”

However, in fact, the defendant thought to use the money received from the injured party as debt repayment and living expenses, etc., and there was no specific profit at the time, so even if he received money from the injured party, he did not have the intent

The Defendant received, on October 11, 201, KRW 10 million from the victim, KRW 20 million around December 1, 201, KRW 200,000 around December 1, 201, KRW 5 million around January 25, 201, KRW 12 million around February 11, 201, and KRW 50,000 from the Defendant’s corporate bank account (C) around February 20, 201, respectively.

Accordingly, the defendant was given property to the victim by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes on the certificates of borrowing, certification of contents, certificates of seal imprint, details of transactions, and specifications of transactions by account;

1. The relevant Article of the Criminal Act and Article 347 (1) of the Criminal Act, and the choice of imprisonment, inclusive, with prison labor for the crime;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended punishment according to the sentencing guidelines [type 1] The general fraud [the person subject to special sentencing] below KRW 100 million [the scope of the recommended and recommended punishment] - In cases where punishment is not granted or significant damage is recovered, [the territory of recommendation and the scope of the recommended punishment] mitigated area, one month to one year [the person subject to general sentencing] - The factors subject to mitigation: serious reflectness and no record of criminal punishment [the grounds for suspended execution] - Major grounds for conviction: Non-guilty grounds for punishment, no record of criminal punishment - there are no records of general conviction: clear social relation, serious reflectness, absence of criminal records of suspended execution or more.

2. Determination of sentence: Imprisonment with prison labor for four months and one year of suspended sentence;