A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 1, 2016, around 17:47, the Defendant made a false statement to the victim B, “If the Defendant lends money to the victim B as it is necessary to keep the livelihood cost and the parent thickness, he/she will repay it up to August 30, 2016.”

However, even if the defendant borrows money from the victim, the defendant did not have the intention or ability to repay it only when he was able to contact with Busan and was able to do so.

The Defendant received 4 million won in cash from the victim, i.e., the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of prosecutorial statement concerning B;

1. Application of Acts and subordinate statutes to accusations, borrowing certificates, details of transactions, and field photographs (cashs given and received);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 32 (1) 3 and Article 25 (3) 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation Order;

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

2. The scope of recommendations according to the sentencing guidelines [the decision of type] the general fraud [the type 1] below KRW 100 million [the special person] - The mitigation element: In a case where a deceitful act is committed intentionally or the degree of deceptive act is weak, [the scope of the recommending area and the recommended type] mitigation range, one month to one year [no general person] [the reasons for suspension of execution of sentence] - The major reasons for suspension of execution: Unagreement:

3. Determination of sentence: Imprisonment with prison labor for four months, one year, and probation;