A defendant shall be punished by imprisonment with prison labor 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 October 7, 2015, the Defendant: (a) at the E office operated by the victim D in the Sinsan-si, Sinsan-si on October 11, 2015, the Defendant is required to pay to the victim KRW 20 million with respect to G redevelopment business in Gangwon-do F; and (b) he/she has lent money to the victim without any molding.

The phrase “ makes a false statement.”

However, in fact, the above redevelopment project was not implemented in itself, and at the time, the defendant reached 150 million won or more, and paid 3 million won or more as interest per month, and the above amount also was thought to be used for the repayment of personal debt rather than the redevelopment project, so there was no intention or ability to make a normal repayment even if he borrowed money from the victim.

Nevertheless, the defendant deceivings the victim as above and transferred 20 million won to the account (I) in the former North Korea bank account in the name of the defendant H on the same day from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on a complaint, a certificate of deposit confirmation, and a statement of deposit transactions;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending punishment] General Frauds No. 1 (less than KRW 100 million) (from June to one year and six months) [the sentence] / [the decision of sentence] 6 million won has been repaid to the victim, and the remaining amount has not yet been repaid.

The defendant acknowledges and reflects his wrongness.

In addition to the punishment of a fine of KRW 300,00 for a violation of the Automobile Management Act, the defendant has no criminal record.

Considering such circumstances and the amount of money obtained by the defendant, the lower limit of the sentencing guidelines in light of the sentencing conditions shown in the arguments, such as the defendant's age, sex, environment, motive, means and consequence of the crime, etc., the lower limit of the punishment seems to be somewhat excessive. Therefore, the lower limit of the punishment should be set aside as the disposition.