A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

1. On May 6, 2013, the Defendant made a false statement that “Around May 6, 2013, the Defendant would make a full payment by lending KRW 25 million to the victim C, while he/she loans KRW 25 million.”

However, the defendant did not have any intent or ability to pay the credit card company's debt amounting to 30 million won, and even if he borrowed money from the victim due to the credit card company's debt amounting to 80 million won.

As such, the Defendant, by deceiving the victim, received 10 million won of cashier’s checks from the victim, and acquired 25 million won of 10 million won of 5 million won and 25 million won of 3.

2. On August 16, 2013, the Defendant made a false statement to the effect that “Around August 16, 2013, the Defendant would make a full payment of KRW 40 million from monthly salary to KRW 1 million, including KRW 25 million, prior to the lending of KRW 15 million to the Plaintiff at the same time, at the same place as, and at the same time and place as, August 16, 2013.”

However, the defendant did not have any intent or ability to pay the credit card company's debt amounting to 30 million won, and even if he borrowed money from the victim due to the credit card company's debt amounting to 80 million won.

As such, the Defendant, by deceiving the victim, received 15 million won from the victim to the new bank account in the name of D in the same place.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. An interrogation protocol of the accused by the prosecution (including the C and E substitute part);

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to copies of cashier's checks and bank passbook copies;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant deceivings the victim and defrauds the considerable amount of money, and damages still.