A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 15, 2016, the Defendant stated that “A victim B who had resided and known in the same Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si and had been repaid the principal shall be paid twice a month if he/she lent the money, and he/she shall be repaid two to three months after the payment of the principal.”

However, the Defendant was in a situation where the credit card company bears the obligation of KRW 17.5 million in total, personal bonds, KRW 53 million in total, and even if the Defendant borrowed money from the victim, he did not think of it to prevent a return of the name of the credit card company, such as appropriation for living expenses, repayment of existing obligations, or payment of interest promised to pay to the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 9 million from the victim to the C (D) account in the name of the Defendant on the same day, and acquired it by deceiving the victim more than three times from that time to June 15, 2017, such as the list of crimes in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Investigation reports (report on the submission of details of transactions A in suspect A account), investigation reports (report on the submission of details of transactions in the account of the complainant);

1. Application of Acts and subordinate statutes governing credit information history;

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

1. The sentence of the same sentence as the disposition is rendered, comprehensively taking account of the following conditions of sentencing under Article 62(1) of the Criminal Act and other conditions of sentencing as shown in the records, such as the defendant’s age, occupation, character and conduct, family relationship, and circumstances before and after the crime

Unfavorable circumstances - The defendant acquired money from the victim using personal trust relationship.

- All of the Defendant consumed the money obtained by the victim from the victim as other debt repayment or as personal living expenses.

The favorable circumstances - mistake is recognized.

- The Defendant paid a part of the money to the victim as principal and interest in 20 million won.

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