A defendant shall be punished by imprisonment for six 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

On April 29, 2011, the Defendant made a false statement to the effect that “The Defendant shall lend KRW 20 million to the victim C by telephone,” and that “The Defendant shall not be paid any money from the victim, if he/she borrowed KRW 10 million to the victim, he/she shall not be paid any money immediately after three days after the loan.”

However, the defendant did not have the ability or intent to pay the money for three days even if he/she borrowed money from the victim because he/she has a debt equivalent to KRW 100,000 at the time and has been urged to pay the creditors' debts.

Accordingly, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim to the Agricultural Cooperative Account in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a report on investigation (verification of whether damage is reimbursed);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (which shall be considered in favorable circumstances among the reasons for sentencing) of the suspended sentence [decision of a sentence] The reason for sentencing under 100 million won (decision of a recommended sentence] in the basic area [the scope of recommendation] from June to June 1 [the scope of general penal person] applicable provisions] applicable provisions: Statutory penalty from January to 10 years: The range of punishment subject to statutory aggravated and mitigated punishment: The range of punishment subject to statutory aggravated and mitigated punishment: From January to 10 years: (10) major reasons for suspended sentence: negative - positive - (The period of punishment and recommendation) law applicable to non-agreement: June 1 to 10, 200: The defendant has no motive for sentencing from June to June 6, 200; the defendant has no motive for sentencing; the defendant has no motive for taking into account the same type of punishment as the result of the defendant's oral argument and recommendation; and the defendant's depth of character and behavior; the defendant's motive for sentencing and recommendation.

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