A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 8, 2019, the Defendant sent a telephone call to the victim C and sent the said contents to the Defendant to borrow money from the victim. “The Defendant borrowed 1,3650,000 won, excluding the victim’s interest, if an employee lends 1,50,000 won to the victim, and the Defendant would pay 1,50,000 won before the second month.”

However, the Defendant was at the time at KRW 60,000,000, and there was no intention or ability to pay the amount normally even if the Defendant borrowed money from another party or borrowed money from the other party.

Nevertheless, the Defendant, by deceiving the victim as such, acquired 1,3650,000 won from the victim to the single bank account (D) in the name of the accused on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement concerning B and C;

1. Application of the receipt statute

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

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

1. In addition to the fact that the defendant for the reason of sentencing under Article 62-2(1) of the Social Service Order Criminal Act has no record of criminal punishment heavier than a fine, the punishment as ordered shall be determined by taking into account all the conditions of sentencing as shown in pleadings, including the defendant’s age, character and conduct, environment