A defendant shall be punished by imprisonment for four 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

1. Around August 31, 2012, the Defendant made a false statement to the victim C, stating, “The Defendant would sell to the victim for a lawsuit within several months if the Defendant borrowed KRW 5 million of the hospital expenses to the victim C.”

However, at the time of borrowing money, the Defendant had no intention or ability to repay money from the victim even if he/she borrowed money from the victim because there was no other property in the state of selling all of the lawsuit.

As above, the Defendant deceptioned the victim and acquired 5 million won in cash from the victim.

2. Around September 10, 2012, the Defendant made a false statement to the Defendant that “A wife’s hospital expenses amounting to KRW 10 million should be pushed down with KRW 8 million. The wife would immediately die, and the wife would make a false statement to the Defendant.”

However, even if the Defendant entered the place of donation, the Defendant had to pay hospital expenses and nursing expenses, and there was no intention or ability to pay such expenses even if he/she borrowed money from the victim without any particular property.

As above, the Defendant, by deceiving the victim, obtained KRW 10 million from the E account (F) in the name of D, his/her father, thereby deceiving him/her.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Details of post office withdrawals and the application of statutes governing post office deposit certificates;

1. Relevant Article 347 (1) of the Criminal Act concerning facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. One month to fifteen years from the date of imprisonment with prison labor for a prison labor in law; and

2. Four months of imprisonment with prison labor for the decision of sentence, two years of suspended sentence, and two years of suspended sentence: Circumstances favorable to the fact that most damages were not recovered: the Defendant appears to reflect the instant case, and the Defendant appears to have reached the instant case with economic difficulties due to his wife’s illness.