A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

On October 2, 2011, the Defendant made a false statement that “The Defendant shall pay 3 million won to the victim C at the adjoining area of the Sudo-dong, Sudo-si.” On the other hand, the Defendant borrowed 3 million won to the victim C. If he/she lends money, he/she will pay her after one month.”

However, the Defendant, at the time of bad credit standing, was liable for the amount equivalent to KRW 25 million, and there was no other income except the monthly wage of KRW 1.2 million. Therefore, even if he borrowed money from the victim, he did not have the intent or ability to repay it.

As above, the Defendant, by deceiving the victim as above, received KRW 3 million from the victim, who was living together with the Defendant, from the victim, that is, deposit of KRW 3 million from the victim’s account, and thereafter, received KRW 10 million in total over three times from October 18, 201, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on copies of bankbooks;

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

1. Article 62 (1) of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing following the suspended sentence);

1. According to the sentencing guidelines for sentencing under Article 62-2 of the Social Service Order Criminal Act, a defendant is recommended to be sentenced to six months to one year and six months (not to be subject to any special punishment) (not to be subject to any recommendation for the basic area of the type of crime (not to be subject to any special punishment). The defendant deposited three million won for the victim, and reflects his mistake, and is repaid the remaining amount of damage, taking into account the sentencing factors favorable to the defendant, to determine a sentence lower than that recommended in the sentencing guidelines.

In addition, the amount of damage, the age of the defendant, family relations, criminal records, etc. shall be determined in the same manner as the order.