A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

1. On July 4, 2016, the Defendant committed fraud on July 4, 2016, in the “C” boiler room located in the Seocho-gu Busan, Busan, on July 4, 2016, the Defendant was detained by his father on the ground that it was difficult for the Defendant to conduct a business to raise the ridge of the father thickness, and that it became difficult for the Defendant to conduct the business, and that his father was temporarily detained in the police.

It was said that the agreement would be required to lend money to others.

However, the father of the defendant did not engage in the above business or detained, and the defendant did not have any intent or ability to pay the debt amounting to approximately KRW 40,000,000 even if he received money from the injured party.

On July 6, 2016, the Defendant received KRW 14,000,000 from the injured party to the corporate bank account in the name of the Defendant, and acquired KRW 6,000,000 in cash around July of the same month and acquired KRW 20,00,000 in total.

2. The Defendant committed fraud on August 11, 2016, at the same place as around August 11, 2016, and at the same time as paragraph 1, the victim “in order to process his father’s work after having reached an agreement with his father, it is necessary to additionally KRW 8,00,000.

The purport was that the father will dispose of his factory and complete payment in October of his lending of the money.

However, the defendant did not have any intent or ability to repay the money even if he received the money from the injured party for the reasons of Paragraph 1.

The defendant received 6,976,153 won from the damaged person to the above account in the name of the defendant on the same day, and received 1,000,000 won in cash and acquired 7,976,153 won in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A list of transactions of deposits and withdrawals;

1. Application of the statutes on dialogue between the defendant and the victim

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. 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing criteria;