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 October 26, 2016, the Defendant stated that “In order to get a child-care center bid in GB in GB-U.S., 50 million won out of 50 million won is required to get the child-care center bid in GB-U.S., the Defendant borrowed the above money, the Defendant would use it only for one month and pay it.”

However, in fact, the Defendant was liable for the total amount of KRW 50 million at the time, and the creditors were urged to pay the previous debt with the money borrowed from the victims, and thus, there was no intention or ability to use it as a tender bond for a childcare center even if receiving the said money.

Ultimately, the Defendant, by deceiving the victim as above, received 50,000,000 won from the Cbank account under the name of the Defendant on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by the prosecution;

1. Statement made to D by the police;

1. Certificates of borrowing, letters, details of account transactions, etc.;

1. Application of Acts and subordinate statutes to the investigation report (related Acts and subordinate statutes including the details of suspect's debts at the time of

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and there is no person who is less than KRW 100 million [the category 1] (the scope of recommendation field and recommendation range] and the basic area of recommendation [the scope of recommendation field and recommendation range], six months to one year and six months.

3. Although the amount of damage in this case, which was determined to be sentenced was not much and is not completely recovered from damage, the fact that the Defendant partially repaid the amount of money obtained by deception, there is no record of crime, the circumstances leading up to the Defendant’s crime, the degree and result of the damage, the circumstances before and after the crime, and other records of this case, including the Defendant’s age, character and conduct, environment