A defendant shall be punished by imprisonment with prison labor for up to 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 February 18, 2009, the Defendant stated that “In order to repay KRW 100 million to the existing her husband D, the Defendant shall not be exempted from the payment of the existing business, and if 30 million won is more than her husband, he/she shall be fully arranged the business and shall be fully repaid within 2 months with the borrowed amount which he/she has failed to repay and 30 million won.”

However, even if the defendant received money from the victim, he invested in the business and did not have the ability to return the existing debt amount and 30 million won to the victim within 2 months. The defendant thought that he/she will pay another creditor's debt or use it for the purpose of living expenses.

The Defendant, by deceiving the victim as above, received KRW 10 million on the same day from the National Bank Account (F) in the name of E designated by the Defendant, and KRW 10 million on the 23th of the same month, and KRW 10 million on the 25th of the same month.

Accordingly, the defendant acquired a total of 30 million won from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect E prepared by the police;

1. Statement of prosecutor C prepared;

1. Application of Acts and subordinate statutes on transaction details and receipts of bankbooks; and

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Sentencing guidelines for sentencing under Article 62-2 of the Criminal Act on probation and community service order: