The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 30, 2017, the Defendant made a false statement to the victim B (the 46-year-old) that “A business is running a business that supplies teaching materials to kindergartens, etc. It is well doing so. If the cost of manufacturing teaching materials to be supplied to a kindergarten is urgently needed, then the Defendant would immediately repay the amount of KRW 10 million until November 30, 2017.”

However, in fact, the defendant did not own any asset under his name, and was liable for the debt of 50 million won as well as no certain profit, and even if he did not borrow money from the victim in the situation that he did not receive a proper repayment of 100 million won from the investment money of the business that was in progress at the time, he did not have any intention or ability to repay it in time.

On November 8, 2017, at around 15:20 on November 8, 2017, the Defendant, by deceiving the victim as above, acquired KRW 10 million from the victim through the Agricultural Cooperative Account (Account Number D) in the name of C with the money borrowed.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Investigation report (Attachment to credit information inquiry data) and attached credit information inquiry report;

1. Application of Acts and subordinate statutes on deposit certificates;

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

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

1. The scope of recommendations on the sentencing criteria [decision of types] the basic area [decision of the recommended area] of types 1 (less than KRW 100 million) (decision of the recommended area], six months from 6 months to 1 year and 6 months; and

2. Determination of sentence: Determination of sentence: Six months of imprisonment, one-year stay of execution, and one-year bankruptcy application in front of the snow, the case of deceiving the person to repay is not easy, the amount of defraudation, the amount of punishment for the same kind of crime, the confession of the crime, the fact that the mistake is divided, the existence of efforts to recover damage and its prospects, and other circumstances shown in the arguments of this case, such as the defendant's age, character and conduct, the environment, the circumstances after the crime, etc.