A defendant shall be punished by imprisonment for not less than eight 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

around December 15, 2012, the Defendant told the victim D to “I will pay monthly pay if I would pay 3.5 million won with money that I would use.”

However, in fact, the Defendant, at the time, worked as an employee and received benefits from the above C, did not have any other property, and there was a debt owed to the customer while operating the skin prior to the work in the above C, and even if he borrowed money from the victim, there was no intention or ability to repay the debt.

The Defendant received a total of KRW 10,500,000 from the victim to March 13, 2013, including the Defendant received KRW 3,500,000 from the victim as the borrowed money from the seat, and received a total of KRW 10,50,000 from around that time to March 13, 2013.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a certificate of borrowing or a certificate of borrowing;

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;

1. Grounds for sentencing under Article 62-2 of the Criminal Act, and Article 59 of the Act on Probation, etc.;

1. The scope of the sentencing guidelines on the recommendation [the decision of types] the basic area of less than KRW 100 million [the decision of the recommending area] the basic area of [the scope of the recommending area] [the suspension of execution] imprisonment from six months to one year and six months [the suspension of execution]. The major reasons for the recommendation: (unlawful) the same criminal records (not more than five years of suspension of execution, not less than five years of suspension of execution). Unagreement - Nonagreement - Partial damage recovery of the general criminal records (unlawful).

2. The Defendant’s criminal liability is not less than 2.1 million won in that the Defendant had a criminal record of suspended sentence due to a criminal act committed by fraud, and that the Defendant paid 2.1 million won to the victim, in that the Defendant did not fully recover from damage.