A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

Around February 24, 2009, the Defendant concluded that “A victim D’s house located in Bupyeong-gu, Incheon, Bupyeong-gu, Seoul, would return the principal and interest together with the principal by adding two interest to one month if he/she borrowed money due to a shortage of money.”

However, the facts do not have any particular property or fixed monthly income, and even if the defendant borrowed money from the victim, there was no intention or ability to repay it in accordance with the agreement.

Accordingly, the Defendant, by deceiving the victim, received KRW 15 million from the victim on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The loan certificate;

1. Application of the Acts and subordinate statutes to the complaint;

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

1. Grounds for sentencing under Article 62(1) of the Criminal Act (the following conditions favorable to the reasons for sentencing);

1. The range of recommendation types set forth in the sentencing criteria (the scope of recommendation types) shall be the general fraud types 1 (the amount less than 100 million won), the basic area, and six months to one year and six months; and

2. Although the defendant was unable to fully recover the damage of the victim, the decision of sentence was made without agreement with the victim, the decision is made as ordered by taking account of various circumstances, such as the fact that the defendant deposited 7.5 million won for the victim, the primary crime, the defendant's confession, the defendant's age, environment, character and conduct, circumstances after the crime of this case, the circumstances surrounding the crime of this case, etc., and the conditions of sentencing as shown in the arguments and arguments.