A defendant shall be punished by imprisonment for six 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

On April 28, 2015, the Defendant, as the Seocho-gu Seoul Metropolitan Government Seocho-gu, lent KRW 35 million to the victim B, would be changed after about 3-4 months, and registered as the recipient account of the electronic bill amounting to KRW 100 million in face value.

“A false representation was made.”

However, in fact, the Defendant did not have good financial standing, such as failure to pay the construction cost at the time, and did not have any special property, and did not have an electronic bill of KRW 100 million in face value, so there was no intention or ability to pay it properly even if the Defendant borrowed money to the victim

Nevertheless, on April 28, 2015, the defendant deceivings the victim as above, and acquired 35 million won through a bank account (Account Number D) in the name of the defendant on April 28, 2015 from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for B and E;

1. A criminal investigation report (Submission of data by a complainant), a criminal investigation report (Attachment to a F reply), and a criminal investigation report (to hear statements by a complainant by telephone and report);

1. Application of statutes on details of distribution of electronic bills;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

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. Scope of the recommended punishment according to the sentencing guidelines [type 1] The amount of punishment [the area of recommendation and the scope of the recommended punishment] below KRW 100 million (the person subject to special sentencing] shall be less than KRW 100 million: In the area of mitigation of punishment [the area of recommendation and the scope of the recommended punishment], one month to one year;

2. The sentencing conditions under Article 51 of the Criminal Act, including the following circumstances, shall be taken into account to determine the sentence within the scope of the sentencing criteria as ordered by the order.

- The victim is the victim, such as by deceiving 35 million won as the collateral is reliable, and by displaying documents as if he would immediately repay after the maturity of the bill on August 2015.