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

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

Punishment of the crime

On May 14, 2018, the Defendant called the victim B at a place not exceeding Guro-gu Seoul Metropolitan Government, and leased KRW 8 million as he/she needs to move to a foreign country. After this framework, the Defendant has repaid KRW 3 million, and the remainder will be repaid by the last day after the receipt of the time limit money.

The phrase “ makes a false statement.”

However, the fact was that the defendant was able to make investments in virtual currency and pay his personal debt, and there was no intention or ability to pay the money even if he borrowed the money from the victim due to the lack of fixed income at the time.

The Defendant received KRW 8 million from the injured party to the account in the name of the Defendant on the same day and acquired the money by obtaining a total of KRW 27 million from the injured party four times from May 23, 2018 from around that time to around May 23, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Details of remittance and account details;

1. Application of Acts and subordinate statutes to report on investigation (suspect A’s hearing of statements);

1. Article 347 (1) of the Criminal Act, and the choice of imprisonment, inclusive, with prison labor under Article 347 of the Criminal Act and the choice of applicable laws and punishment for the crime

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. Where the sentencing criteria [the scope of the recommended punishment] [the scope of the recommended punishment] set forth in the category 1 (less than KRW 100 million) and the mitigated area (one month to one year) [the person who has been specially mitigated] set forth in the mitigated area, the punishment of which is not set aside, or damage substantially

1. The punishment of a crime shall not be minor in light of the content and means of the crime, the degree of damage caused thereby, etc.;

However, after the defendant paid 5 million won out of the money obtained through deception to the victim, the defendant agreed to pay 22,500,000 won each by 1.5 million won, and accordingly the victim expressed his intention not to punish, and the defendant has completed the installment repayment for 3 months in accordance with the agreement, taking into account the circumstances favorable to the defendant.

Other matters such as the age, sex, environment, and criminal records of the defendant.