A defendant shall be punished by imprisonment for not less than eight 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 July 9, 2015, the Defendant, at the office operated by the victim D in Kimpo-si, Kimpo-si, Kimpo-si on July 9, 2015, concluded that “The Defendant would lend money to the victim and repay money after making a profit by lending money to the victim.”

However, the defendant did not engage in a trade business in China, and even if he borrowed money from the injured party due to his personal debt of about 10 million won, he did not have any intention or ability to repay it.

On July 9, 2015, the Defendant received 2.7 million won from the injured party to the account in the name of the Defendant in the name of the Republic of Korea under the name of the Defendant. From that time to January 1, 2016, the Defendant received a total of 76,80,000 won from the Defendant’s account in the name of the Defendant, as shown in the list of crimes in attached Form 1 to January 1, 2016.

Accordingly, the defendant deceivings the victim and 76,800,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on investigation (report on arranging the details of loans and repayment of suspects);

1. The details of the Defendant’s account transactions, the details of entry and withdrawal transactions, and the suspect’s borrowing and repayment;

1. Data on details of transactions submitted by complainants;

1. Application of Acts and subordinate statutes on the custody of cash, certificate of seal imprint, and land register;

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. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] General Fraud (10 million won or less) (1 month or year from January to 1), the mitigation area (1 year from special mitigation / [decision of sentence], and disadvantageous circumstances: the nature of the crime of this case is not good, the damage amount is considerably significant as approximately KRW 76 million, and the damage amount is very large, and the circumstances favorable to the fact that the records of punishment for the same kind of crime are only one more favorable: recognition of mistake and rebuttal; agreement with the victim; the motive and background of the crime; and other means of the crime.