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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 23, 2011, the Defendant, at the main point of “D,” operated by the Defendant in Bupyeong-gu, Seocheon-gu, Seocheon-gu, Seoul, stating that “If he/she lends money to another person and receives interest, he/she would pay the principal and interest to another person, he/she would be able to pay the principal and interest upon receiving the interest.”

However, in fact, the Defendant was liable for a debt of KRW 80 million, did not receive interest from another person, and the Defendant was willing to lend money to the victim to pay the Defendant’s debt, so even if he borrowed money from the victim, he did not have the ability to pay the money.

The Defendant, from the victim on May 23, 201, received KRW 500,00 from the victim of the damage, to the Saemaul Savings Depository in the Dong-gu, Seoul Special Metropolitan City around May 23, 201, and from May 23, 201 to February 12, 2012, 5,1.680,00 won in total, from May 23, 201 to February 18, 201, or transferred to the Saemaul Savings Depository account in the name of the Defendant.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of the police interrogation of the accused (including part concerning the E statement);

1. Statement protocol by the police for E;

1. Application of Acts and subordinate statutes to a complaint, a copy of a written confirmation of transactions of entrance and departure;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense and Article 347 (1) of the Selection of Punishment;

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

1. The reasons for sentencing under Article 62(1) of the Criminal Act (the following sentencing is more favorable) include: (a) the Defendant reflects his mistake; (b) the Defendant has no record of being punished for the same kind of crime; (c) the motive and circumstance of the instant crime; (d) the user of the money obtained by deception; and (e) the victim’s money worth approximately KRW 24 million.