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 became final and conclusive.

Criminal facts

The Defendant was a person with bad credit standing at the time of the Victim B’s driver’s work. On April 13, 2010, the Defendant received KRW 50 million from the injured party to the bank account in his/her own name, and received bonds from the injured party to the bank account in his/her own name, and did not make any profit and did not recover the principal and interest. Around 40 million won, even if the Defendant borrowed money from others, he/she did not have any intent or ability to repay the money even if he/she borrowed money from others.

On August 19, 2010, the Defendant concealed the fact at the victim’s office located in the 8th floor of Gangnam-gu Seoul Metropolitan Government DD Building that the fact would be used to purchase game items, and fraudulently concealed the victim’s “to complete payment within one year on a loan of KRW 35 million necessary to obtain a room” to the victim, and acquired money from the victim to the Agricultural Cooperative account (E) of the 35 million won, which is his/her punishment, from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of the suspect against the accused by the prosecution (including the part concerning B's statement);

1. A criminal investigation report (a report accompanied by a reference witness's F reply);

1. Inquiries about the details of deposit and withdrawal transactions (Evidence Nos. 2), and inquiries about the details of financial transactions (Evidence No. 9);

1. Application of Acts and subordinate statutes (list of evidence 12);

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of punishment by law: Imprisonment with prison labor for not more than ten years;

2. Scope of the recommended punishment according to the sentencing guidelines [the type of determination] / range of the recommended punishment according to the sentencing guidelines / fraud group, general fraud, type 1 (less than KRW 100 million) [person subject to special sentencing] / None of the factors subject to mitigation / [general sentencing factors] mitigation factors: The serious half [the scope of the recommended punishment] basic area: Imprisonment with prison labor for six months to one year [the scope of suspended sentence] - The reasons for adverse consideration - Unagreements - Full and positive consideration: Recovery of a serious half, partial damage recovery.

3. Determination of sentence (unfavorable circumstances).