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

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

Punishment of the crime

On December 4, 2013, the Defendant: (a) at a restaurant operated by the victim D (L, 42 years of age) (hereinafter “C”) in Tong Young-si on December 4, 2013, the Defendant provided that “I would pay back the money when I will pay back the insurance money after two months if I lend money.”

However, at the time of the occurrence of cancer, the defendant was not in the state of the occurrence of cancer, and it was not in the situation of the final diagnosis within two months, so it was impossible to receive insurance money due to cancer, such as cancer diagnosis expenses, and the money received from the victim was thought to be used for the repayment of the existing debt and living expenses, and even if the victim borrowed 20 million won from the victim due to the lack of property or fixed income under the name of the defendant at that time, there was no intention or ability to pay the money.

In this regard, the defendant deceivings the victim as above, and thereby deceivings the victim from the victim to the national bank account in the name of the defendant on the following day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Complaint;

1. A medical certificate and a written discharge on admission;

1. A written agreement;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The basic area (six months to one year and six months) of the recommended punishment according to the sentencing guidelines of the Supreme Court; and

2. Determination of sentence - Determination of favorable circumstances: the fact that the defendant has repaid not less than ten million won out of the amount of damage, and reflects that the defendant has discharged it; and

- Unfavorable circumstances: The amount of damage has not been much and the damage has not yet been fully restored, the victim has not been able to use the defendant and the defendant has been punished several times, such as punishment for the same crime;

- Other conditions of sentencing under Article 51 of the Criminal Act, such as the defendant's age, sex, environment, and circumstances after the crime, shall be taken into consideration.