A defendant shall be punished by imprisonment for not more than ten months.

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

Criminal facts

On December 14, 2011, the Defendant appears to have “D” in the written indictment written by the victim C, which had been under guard with the Defendant at the Songpa-gu Seoul Sinsan Hospital, Pungdong, Songpa-gu (20,22 pages 2 of the investigation records). The Defendant made a false statement to the effect that “The Defendant would receive money from the injured party by using the fact that there were many people who were hospitalized for the purpose of the treatment of prone cancer,” and that “The Defendant would make payment to the victim within the city where the Defendant would have lent KRW 15 million with the project funds, as the project funds are needed to carry out the removal project, with the high interest.”

However, the defendant did not have any property at the time, and there was no occupation, and he thought that the removal project is fine, and that he will be able to borrow money from the damaged party, and that he is not able to pay the profit through the removal project because there was no subcontract for the removal project. Therefore, even if he borrowed money from the damaged party, there was no intention or ability to pay the principal along with the high interest.

The Defendant, as above, was delivered KRW 54,50,000 through 18 times in total, as shown in the crime inundation list from June 19, 201 to February 4, 2012, including by deceiving the victim and receiving five million won from the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a detailed statement of transactions and a report on investigation (to hear statements from the complainants by telephone and report);

1. Article 347 (1) of the Criminal Act applicable to the 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 stay of execution (including the fact that a defendant who has no record of punishment heavier than that of the same type of crime or of fine has divided his/her mistake, and that he/she has endeavored to recover damage, such as deposit of KRW 20,000 in the victim's future);

1. Social service order under the Criminal Act;