A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

In 2009, the defendant became aware of the victim D while running insurance business.

On October 17, 2013, the Defendant stated that “When receiving money, the Defendant would make an investment in goods with another person’s money and create KRW 1.3 million within two years.”

However, at the time, the Defendant received money from an insured customer due to the need to pay insurance premiums or pay debts to him/her at the time, but did not have the ability to create KRW 130,000 to the victim within two years by means of investing in other goods.

Nevertheless, Defendant 1 received 45 million won from the victim’s new bank account (Account Number E) via the Defendant’s new bank account (Account Number E) from the victim, and acquired it by fraud. From around that time to September 29, 2014, Defendant 1 acquired 188,700,000 won in total over 10 times, as shown in the separate crime list, from that time to September 29, 2014.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the defendant's prosecutor's office (including the part concerning D replacement);

1. Statement made by the police against D;

1. Details of account transactions with a complainant, details of calculation of termination on a mid-term basis, details of repayment of loans, and certificates of deposit transactions;

1. A person under complaint - Application of Acts and subordinate statutes on human text content;

1. Article 347 (1) of the Criminal Act and the choice of imprisonment with labor for the crime

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. According to Article 62(1) of the Act on the Suspension of Execution, there is room for considering the degree of intention in light of the serious reflection of the reasons for sentencing, the fact that the victim and the victim have been agreed smoothly with the victim, the process of transaction execution, etc., the future repayment plan through the relationship between the defendant and the victim, the frequency of the crime and the amount of damage, the procedure for personal rehabilitation, etc., there is no record of criminal punishment, the defendant's age, sex behavior, environment, etc., the punishment as set forth in the