A defendant shall be punished by imprisonment with prison labor for up to six 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 June 2016, the Defendant lent money to the victim D at the C cafeteria located in Gyeongnam-si, Gyeongnam-si, and the victim refused to talk to E.

On June 2016, the Defendant called “E money” to the victim by telephone at a place from a macroscopic place.

The loan borrowed money with only two months of full-time and full-payment of money was false.

However, the Defendant had no special property at the time. On June 14, 2016, the Defendant borrowed KRW 10 million from E to use for the repayment of gambling debts and gambling funds. Since the Defendant thought that money borrowed from the injured party as gambling debts and gambling funds were used, the Defendant did not have any intent or ability to repay the money normally even if he borrowed money from the injured party.

On June 29, 2016, the Defendant received 1,4250,000 won, excluding the prior interest, 7.5 million won, from the damaged party, via the Agricultural Cooperative Account (G) in the name of F, the Defendant’s children around June 29, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A detailed statement of entry and departure transactions and a detailed statement of passbook;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The suspension of the execution of imprisonment shall be sentenced considering the fact that the reason for sentencing under Article 62-2 of the Social Service Order Act is not very high, and that there is no criminal history other than the one-time criminal records and the one-time criminal records. However, even though the crime of fraud in this case borrowed money from the victim to a third party with money for gambling, the crime of fraud in this case shall be ordered together by taking into account the fact that it is not good to the quality of the crime and the victim did not reach an agreement with the victim.