A defendant shall be punished by imprisonment for six 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

The defendant and the victim B (n, 37 years of age) are between January 2015 and April 2017.

Around February 12, 2016, the Defendant made a false statement to the effect that “The Defendant’s phone calls to the victim at a place where it is difficult to know that he/she is in the Sincheon-si Kim Jong-dong, Kimcheon-si, and that “The Defendant is urgently needed to keep the family members in the Gulin-si from an accident. It is also necessary to pay a monthly pay.”

However, there was no accident with the Defendant’s private village. However, the Defendant was planned to use the money for personal expenses, such as using the money for sports sports exhibitions or for paying off the money from the victim, so even if he borrowed money, he did not have the intent or ability to pay the money to the victim.

Nevertheless, as above, the Defendant, by deceiving the victim as above, received 90,000 won from the victim to the account under his own name on the same day as the loan money, and received a total of 50,138,400 won from around that time to May 28, 2018, as shown in the annexed crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol concerning B;

1. A complaint;

1. Details of entry and withdrawal transactions in the name of the complainant, details of entry and withdrawal transactions in the name of the complainant, details of transactions in the name of the complainant, details of loans (D), details of loan transactions in the account;

1. Application of Acts and subordinate statutes to investigative reports (absent to suspect's credit information replyed by F);

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

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

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

2. Reduction elements of less than KRW 100,00 (Specially Convicted Persons) below KRW 100,00 for fraud (type 1) according to the sentencing guidelines: Reduction area of mitigation area (the scope of recommending area and recommendation range), imprisonment with labor for one month or one year;

3. Determination of sentence;