A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On January 1, 2014, the Defendant made a false statement to the victim B, stating that “I would settle this work and repay money if I would like to transfer the land equivalent to KRW 4.4 billion in Gwangju, while I return to Suwon-si, in the name of a miscarriage, and I would like to take money to transfer the land in the name of Gwangju-si as a miscarriage. I would like to pay money to 4.5 million won if I would like to pay money.”

However, in fact, the defendant did not inherit the land as a miscarriage and did not have any intention or ability to complete the payment even if he borrowed money from the victim.

On January 1, 2014, the Defendant, as seen above, received KRW 6,209,000,000 in total by the same method 54 times from March 28, 2014, by deceiving the victim and receiving KRW 4,500,00 from the time when he/she was issued a new bank account under the name of the Defendant with a new bank account under the name of the Defendant, as a loan from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police concerning B (second time) ;

1. Investigation report (attached to a suspect A's passbook; and

1. Application of the Acts and subordinate statutes concerning transaction details of agricultural cooperatives;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

1. Grounds for sentencing under Article 62(1) of the Criminal Act (including the following grounds for sentencing)

1. Determination of types of crime: Type 1 (less than 100 million won) of the general fraud;

2. Determination of the scope of sentence: Reduction area, from one year to one year (a person who is subject to special mitigation shall not be subject to punishment);

3. Determination of sentencing and suspension of execution shall be determined within the sentencing criteria in consideration of the fact that the defendant acknowledges and reflects his mistake, that the defendant agreed with the victim, that the defendant has no criminal record, that the defendant has no criminal record, that there is a child who has not reached the age of one year, the defendant's age, character and conduct, etc., and the execution thereof shall be suspended.