A defendant shall be punished by imprisonment with prison labor for up to six months.

However, 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

On December 2, 2013, the Defendant made a false statement to the effect that “A victim B, who was a designer of an insurance policy, was using money as operating funds to lend money, shall be paid immediately, and shall also take out an insurance policy.”

However, at the time, the Defendant had no intention or ability to pay the insurance premium in time or to pay the borrowed amount, even if he borrowed the above amount, because the personal debt equivalent to approximately KRW 40 million and taxes equivalent to KRW 25 million are in arrears without any specific property, and even if he borrowed the above amount, the Defendant was planning to pay the personal debt.

Ultimately, on December 2, 2013, the Defendant received money from the injured party, from the Defendant, the sum of KRW 4.7 million with the deposit account in the name of the Defendant, KRW 9.65 million with the same account on December 13, 2013, KRW 9.655 million with the same account on January 9, 2014, and KRW 1,9120,000,000 from the same account on January 9, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement No. 1 and No. 2 made by the police against B;

1. A complaint, a certificate of borrowing, details of transactions, and a statement of payment;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant provisions of the Act and Article 347 (1) of the Criminal Act concerning the selection of punishment for the crime (generally, selection of imprisonment with prison labor);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended punishment according to the sentencing guidelines of the Supreme Court [the scope of the recommended punishment] the basic area (six months to one year and six months) (the period from six months to one year and six months) of the types of general fraud;

2. The degree of damage to the decision of sentence and whether damage has been recovered (on February 8, 2017, KRW 1 million, KRW 300,000,00 in total, KRW 1300,00 in total, and KRW 1.3 million in total), the Defendant has been sentenced to a fine and a suspended sentence of imprisonment for the same crime several times, and other conditions of sentencing under Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, and circumstances after the crime, are determined by comprehensively considering the sentencing conditions under Article 51 of the Criminal Act, and the community service order is added with reflect and reflective reflection.