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

1. On May 23, 2011, the Defendant made a false statement to the victim D by telephone at the Defendant’s residence of Seongdong-gu Seoul, Seongdong-gu, Seoul, stating that “If 21 million won is lent, 30 million won is used and repaid with interest, 30 million won is paid.”

However, the defendant did not have any intent or ability to pay money, even though he borrowed money from others, as he had a debt equivalent to KRW 670 million at the time.

The Defendant, by deceiving the victim as such, received KRW 21 million from the victim as the borrowed money, and acquired it by fraud.

2. On January 12, 2012, the Defendant made a false statement to the victim E by telephone from the Defendant’s residence, stating that “If the Defendant lends money to the victim E in connection with the banking business, 22 million won shall be repaid within one week after the use thereof.”

However, the defendant did not have any intent or ability to pay money, even though he borrowed money from others, as he had a debt equivalent to KRW 670 million at the time.

As such, the Defendant, by deceiving the victim, received 22 million won from the victim as the borrowed money, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E and D;

1. Application of Acts and subordinate statutes to details of transactions, records of Supreme Court case inquiry, list of creditors, and certified copy of register;

1. Article 347 (1) of the Criminal Act applicable to the crime (Fraud or Selection of Imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the sentence recommended by the sentencing guidelines [decision of type] fraud, general fraud (less than KRW 100 million) [decision of the recommended area] mitigation area (where the degree of net activity is weak), reduction area (where the degree of net activity is weak]-1 year;

2. The fact that the defendant made a decision on the sentence of punishment is led to confession and reflect, the degree of deception is weak and dolusent intent, and the circumstances to be considered in the motive and circumstances of the instant crime.