A defendant shall be punished by imprisonment for four months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Punishment of the crime

When the defendant loans KRW 9.60,00 to the victim B from the French land around July 26, 2018, he/she will pay the full amount.

"......"

However, in fact, the defendant was planned to use money from the victim for illegal exchange of the Internet game, and at the time, the defendant did not have any intent or ability to repay the borrowed money to the victim when he loses money in the course of illegal exchange according to class 7 of credit rating.

From September 21, 2018, the Defendant received KRW 960,000 from the victim so as to receive KRW 1,755,00 from the victim by one bank account (C) in the name of the Defendant for the same day, from September 21, 2018, the Defendant received the total amount of KRW 1,755,00 from the victim by the same means as shown in

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A written complaint and a written statement;

1. Each investigation report (Submission of details of suspect's account transactions, and D data and correspondence);

1. Details of entry and withdrawal transactions, and details of account transactions with one bank under the name of a suspect;

1. E dialogue between the complainant and the suspect;

1. Application of Acts and subordinate statutes to DNA response materials;

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

1. In light of the fact that the Defendant did not agree with the victim even though the reason for sentencing under Article 62(1) of the Criminal Act in the instant case exceeds a considerable amount of 17 million won, there is a need for a strict punishment against the Defendant.

However, the sentencing conditions specified in the arguments of this case, such as the defendant's age, character, conduct and environment, motive, means and consequence of the crime, etc., shall be determined as ordered by considering the fact that the defendant has committed a minor amount of money to the victim, the fact that the defendant has paid a minor amount of money to the victim, the defendant has no criminal record of the same kind of crime, and other conditions of sentencing as shown in the arguments