A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On January 1, 2013, the Defendant made a false statement to the effect that “D” house operated by the Defendant was “D” and “the cost of operation and operating expenses are needed. The Defendant would be repaid without money if he/she borrowed money.”

However, at the time, the defendant was liable for the total amount of 28 million won to financial institutions, bond holders, etc., and even if D Hop's monthly income was paid, there was no intention or ability to repay the debt even if it was borrowed money from the victim because there was no profit.

The Defendant, by deceiving the victim as above, had the victim borrow a total of KRW 34 million from mountain and loan companies, etc., and received the above money from the victim by transferring the money directly to the Defendant’s account or withdrawing it in cash from January 22, 2013 to January 31, 2013.

Accordingly, the defendant acquired property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Details of transactions (Evidence No. 12 pages of evidentiary records);

1. Application of Acts and subordinate statutes to a suspect A’s account transaction statement, reporting (Evidence No. 88 pages);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. Reasons for sentencing (the applicant and the defendant agreed upon) under Article 32 (1) 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuit to Dismiss Application for Compensation;

1. Determination of types of crime: Type 1 (less than 100 million won) of the general fraud;

2. Determination of the scope of sentence: Reduction area, from one year to one year (a person who is subject to special mitigation shall not be subject to punishment);

3. The decision of sentence and suspended sentence are recognized as substitute for the defendant, and the defendant has agreed with the victim after the institution of public prosecution.