A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On June 14, 2014, the defendant, at the defendant's house located in the 13-dong 405-dong 13-dong 405, the defendant called the victim C by telephone, and "in D, it is urgent that the store interior expenses are insufficient to provide clothing lending services."

It shall be repaid at a rapid time with a loan of 1.5 million won.

“A false statement” was made.

However, at the time, the Defendant was engaged in the sale of clothes, bags, etc. to the entertainment establishments near the E market located in the Donsan-si in the Donsan-do at that time (hereinafter “one-time funeral”) and did not have any property under the name of the Defendant. In addition, the Defendant did not have any intent or ability to pay the amount of money even if he/she borrowed money from the injured party, including approximately KRW 27 million of personal bonds, KRW 2 million of debt owed to the lending company, KRW 10 million of credit credit, and KRW 10 million of credit payment, and KRW 40 million of credit payment.

As above, the Defendant: (a) received KRW 1.5 million from the injured party’s corporate bank account (number F) around June 14, 2014, from the Defendant’s corporate bank account; and (b) received KRW 2,6250,000 from that time to July 28, 2014, totaling four times, as indicated in the list of crimes in the attached Table, as indicated in the list of crimes.

Accordingly, the defendant was given property to the victim by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C (including part of the statement made to C in the police interrogation protocol for the accused);

1. Application of Acts and subordinate statutes to tax inquiries into each transaction, and inquiries into the results of transfer (Evidence List 7);

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the choice of punishment (in comprehensive, the choice of imprisonment);

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the following favorable circumstances) of the suspended sentence:

1. The basic area (from June to June) of the sentencing criteria [the scope of the recommended punishment] and the basic area (from June to one year and six months) of the types of general frauds (the scope of the recommended punishment is less than KRW 100 million) (no person who has any special sentencing factors);

2. Determination of sentence: Imprisonment with prison labor for not less than six months and two years of suspended sentence;