A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

The defendant was a person who has been working as a staff member of the Dispute Resolution Co., Ltd. in the course of the victim B's operation.

1. On June 26, 2014, the Defendant made a false statement to the effect that “Around June 20, 2014, the Defendant is entitled to inheritance in advance from the victim’s office at the above company’s office, and, if 4.5 million won is required, would have been repaid later.”

However, the defendant was thought to use the borrowed money for other purposes, such as living expenses, and did not actually have the intention or ability to receive the borrowed money from the referral or to repay the borrowed money according to the agreement.

On June 26, 2014, the Defendant received 4.5 million won as the borrowed money from the damaged party to the national bank account (E) in the name of the Defendant.

2. On July 27, 2015, the Defendant, at around July 20, 2015, made a false statement to the effect that “If he/she lends KRW 50 million to the victim for purchase of apartment, he/she would receive the apartment mortgage loan after purchasing the apartment in Gyeonggi-do,” at the office of the above company.

However, in fact, the defendant did not have the intention or ability to purchase apartment buildings and to repay with the loan only when he thought that he would pay his personal debt to F with the loan.

On July 27, 2015, the Defendant acquired 20 million won from the damaged party to the corporate bank account (G) account in the name of the Defendant from the victim and acquired it by remittance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. The loan certificate;

1. Inquiry into details of account transactions, and application of Acts and subordinate statutes on account transactions in the name of suspect;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] In a case where the mitigation area (one month to one year) of Class 1 (the amount of less than 100 million won) of the mitigated area (one month to one year), a person who is not subject to special mitigation], or a case where considerable damage was restored (the decision of sentence] of the instant crime.