A defendant shall be punished by imprisonment with prison labor 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 19, 2017, the Defendant made a false statement to the victim at the home of B victim C, stating that “I would pay money to the victim, if I would have borrowed money, I would pay the following time limit money for three months.”

However, in fact, the Defendant had already borne excessive debts and could not pay the fraternity, and even if the time limit for home care benefit was given, the Defendant did not have any intent or ability to pay the borrowed money from the victim.

The Defendant received KRW 9 million from the victim to the post office deposit account in the name of the Defendant on the same day and received a total of KRW 10,95,620 from around that day to September 27, 2017, as shown in the separate crime list.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes concerning card settlement approval, text and details of transactions;

1. Article 347 (1) of the Criminal Act by universal title with respect to the relevant criminal facts;

1. Selection of imprisonment with prison labor chosen;

1. Suspension of execution under Article 62 (1) of the Criminal Act (such as the fact that he/she commits an error, the fact that 4020,000 won has been repaid, and the fact that he/she does not have been punished for the same kind of crime);

1. Social service order under Article 62-2 of the Criminal Act;