A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 20, 2012, the Defendant concluded that “Around October 20, the Defendant would make a false statement to the victim D that “on the loan of funds necessary for the import of new technology within three to four months from the loan of funds necessary for the import of new technology” or that he would pay interest twice a month.”

However, at the time, the Defendant had been able to repay his/her personal debt with the money borrowed from the injured party or to use it as the cost of living, even if he/she borrowed the money from the injured party, there was no intention to use it as the new import fund, and there was no intention or ability to pay it normally.

The Defendant received 30 million won from the damaged person to the bank account in the name of the Defendant on the same day as the borrowed money, from the injured person, and from December 6, 2012 to December 6, 2012, the Defendant deceivings the injured person over three times in total, as shown in the list of crimes, and received a total of 99 million won from the damaged person to the bank account in the name of the Defendant.

Accordingly, the defendant was delivered property by deceiving the victim three times in total.

Summary of Evidence

1. Legal statement of the witness D;

1. Details of financial transactions;

1. A copy of an accusation;

1. Application of immigration Acts and subordinate statutes for each individual;

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

1. Scope of applicable sentences under law: From one month to ten years of imprisonment;

2. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] general fraud (less than KRW 100 million). The mitigation area (one month-one year-one year-one year) (the person subject to special mitigation) is not subject to the punishment;

3. The fact that the decision-making amount of the sentence of punishment is not certain, the fact that the defendant did not properly reflect while denying the crime of this case is considered to be disadvantageous to the defendant, while the circumstances favorable to the defendant, such as the fact that there was no agreement with the victim and there was no record of the same crime, and the age, sex, environment of the defendant.