A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Punishment of the crime

On March 1, 2013, the Defendant stated that “Around August 17, 2013, the Defendant was aware of the Victim C while running a singing room and maintained a mutual relationship with the Victim, and that “Around August 17, 2013, the Defendant would from time to time repay money to time, if he/she borrowed KRW 5 million.”

However, at the time, the Defendant did not have an intention or ability to repay the amount, even if he received the money as the borrowed money from the victim, since the Defendant had a personal obligation of KRW 100,000, such as bonds and borrowed money, and there was no other special occupation in addition to singing.

Nevertheless, as above, the Defendant, as well as by deceiving the victim as above, received KRW 5 million from the victim in cash on the same day, and acquired a total of KRW 123,60,000 through 17 times from August 17, 2013 to January 22, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on banking transactions;

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

1. According to the sentencing guidelines for sentencing under Article 62(1) of the suspended sentence of the Criminal Act, the defendant is recommended to be sentenced to 10 to 2 years of imprisonment for the defendant (see, e.g., Supreme Court Decision 2006Da1540, Apr. 2, 2006). The fact that the acquired amount of money is a large amount of money, and that there was a past record of punishment for the same crime, which is disadvantageous to the defendant.

However, considering the fact that the victim does not want the punishment of the defendant and the fact that the defendant is against the defendant, the sentencing grounds for the defendant are favorable.

In addition, the same punishment as the disposition shall be determined by comprehensively taking into account all the grounds for sentencing, such as the age, family relationship, and fraud.