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 September 11, 2015, the Defendant made a false statement to the victim D, who was aware of the peace at C office located in the permanent residence of the Si of Dong on September 11, 2015, that “No wage shall be paid to the members of his non-business. If the Defendant borrowed KRW 15 million, he will receive the construction cost later and repay it.”

However, in fact, the Defendant did not have any idea to pay the victim’s wages as agreed by the Defendant, and all borrowed money from the victim was planned to use it for an individual purpose, such as the daily futures investment cost, and thus there was no intention or ability to pay it properly.

In sum, the Defendant, as above, received KRW 104,30,000 from the victim eight times in total in the same manner as the list of crimes in the attached Form No. 11, December 1, 19 of the same year, from the victim, by deceiving the victim and receiving KRW 15,00,00 from the Nonghyup Bank (E) account in the name of the Defendant on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Each detailed statement of deposit transactions;

1. Copy of the loan certificate;

1. Copy of loan mediation statement;

1. Application of Acts and subordinate statutes to a copy of deposit certificate and a copy of customer ledger;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. Reduction elements of less than KRW 100,00 (Specially Convicted Persons) below KRW 100,00 for fraud (type 1) according to the sentencing guidelines: Reduction area of mitigation area (the scope of recommending area and recommendation range), imprisonment with labor for one month or one year;

3. Determination of sentence: There is a disadvantage to the accused, such as that the sum of six months of imprisonment and the sum of the amounts obtained by defraudation for two years of suspended execution is not written as KRW 104,300,000 in total;

However, the defendant paid 81 million won to the victim, and the judgment shall be rendered.