A defendant shall be punished by imprisonment with prison labor for not more than ten 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 July 22, 2016, the Defendant made a false statement to the effect that “In the event that he/she lends money to the victim C to purchase a heavy vehicle (R) with the money, he/she would purchase it with the money and then divide it into profits with the money borrowed.”

However, in fact, the defendant did not have any special property and did not intend to use the borrowed money from the victim for the repayment of his/her personal debt in excess of his/her personal debt, and he/she did not have any intention or ability to divide the borrowed money from the victim into the borrowed money and sold or the profits from

As above, the Defendant, as well as the Defendant, by deceiving the victim, received KRW 15 million on the same day from the victim, and was issued KRW 72,70,000,000 from that time to September 30, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes concerning complaint forms, personal financial transactions, investigation reports (suspect-type D telephone conversations), investigation reports (E stock companies' response to data), and E-mail data;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following conditions shall be considered in light of the favorable circumstances among the reasons for sentencing);

1. The crime of this case with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act is an unfavorable circumstance, such as the crime of this case by deceiving the victim and deceiving 72,70,000 won in total as the loan fee, and the nature of the crime is not less than that of the crime, and the defendant was not agreed

However, it is advantageous to the fact that the defendant recognized the facts charged and reflects the facts charged, that the defendant repaid the amount of KRW 45 million to the victim, and that the defendant does not have any record of punishment exceeding the same crime or fine.

The defendant's age, character and conduct, environment, means and results of the crime, and circumstances after the crime, etc.