A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

The defendant of "2017 Highest 1321" is a person who serves as a social service personnel in the City Viewing and Viewing Department B in the City Do 1-ro.

Social service personnel shall not desert from their service for at least eight days in total without justifiable grounds.

Nevertheless, the Defendant left from around September 19, 2016 to October 10 of the same year without justifiable grounds for a total of 22 days.

Around September 12, 2016, the Defendant: “Around September 12, 2016, the 2017 High Order 1736, the Defendant borrowed the FK7 vehicle under his/her own name and jointly with G to obtain a loan from the victim E; and the said vehicle is registered in the name of G and thus, he/she is required to transfer the ownership under his/her own name for the loan of security, and thus, he/she makes a false statement that he/she would pay the loan immediately on the date of receipt of the loan.

However, even if the victim borrows money from the victim, there was no intention or ability to repay the money to the victim on the date of receiving the automobile security loan.

On September 19, 2017, the Defendant was transferred KRW 800,000 to a bank account in the name of G under the pretext of transfer registration around September 19, 2017.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written accusation;

1. A written investigation of escape from service;

1. Personal statements;

1. Application of the statutes on a copy of bankbook;

1. Subparagraph 1 of Article 89-2 of the Military Service Act (a point of leaving office for social service personnel) and Article 347 (1) of the Criminal Act (a point of fraud and a choice of imprisonment with labor) concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution (the crime of escaping from service is the first time, and the amount of damage caused by fraud is relatively minor, etc.);