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

On May 23, 2016, the Defendant, at the beauty art room operated by E, the wife of the victim D, who is the wife of the victim D, Chungcheongnam-gun, Chungcheongnam-gun on May 23, 2016, may impose a large amount of money on the victim by importing stone from China to sell it in Korea

It is intended to lend the revenue of stone with the payment of the stone in return for the stone.

“.....”

However, in fact, the Defendant did not have actually imported stone, and was thought to use the money borrowed from the injured party as an individual project cost or cost of living. Since there was a debt of about 45 million won without any particular revenue or property at the time, even if he borrowed money from the injured party, there was no intention or ability to pay profits from importing stone, and there was no intention or ability to pay the money borrowed from the injured party.

As above, the Defendant: (a) by deceiving the victim; (b) received 5,000,000 won from the victim’s bank account in the name of the Defendant on the same day from the victim; and (c) from that time to September 17, 2016, he received a total of KRW 120,200,000 from the victim, such as the statement in the list of crimes attached hereto, until September 17, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning the statement made D in the protocol concerning the interrogation of the suspect against the defendant

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes, such as account transfer details, investigation report (net 4), and transaction statement;

1. Article 347 (1) and comprehensive provisions of the Criminal Act applicable to the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. The elements of sentencing unfavorable to the reasons for the suspended sentence under Article 62(1) of the Criminal Act: The previous elements of sentencing, including the fact that there has been a punishment for fraud, the fact that there has been a significant amount of damage, etc., are contrary to the Defendant’s mistake, and that the Defendant agreed to the Defendant’s wife E and the victim’s wife smoothly after the closure of the pleading, etc. Other circumstances, including the Defendant’s age, sex, criminal conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., are comprehensively taken into account.