A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The defendant around April 3, 2015, around 103 Dong-gu, Incheon Metropolitan City's residence, D apartment house 103 1503 dong-gu 1503 dong-gu, and the victim's E currency with the victim shall be repaid to the victim within one month from her husband's business fund to 10 million won.

“False speech” was made.

However, in fact, the Defendant was in excess of the obligation, was thought to use the money received from the injured party as debt repayment to others, and there was no intention to use it as business funds, so there was no intention or ability to receive money from the injured party.

The Defendant received from the injured party a transfer of KRW 3 million from April 3, 2015, KRW 5 million from April 4, 2015, KRW 5 million from April 4, 2015, and KRW 2 million from April 5, 2015 to the agricultural bank account in the name of F, the husband of the Defendant, respectively.

Accordingly, the defendant was given 10 million won to the injured party by deceiving the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes concerning filing of a complaint, details of deposits, and text messages;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The community service order under Article 62-2 of the Criminal Act;

1. Grounds for sentencing under Article 25 (1) 1, Article 31 (1), (2), and (3) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] the basic area (six months to one year and six months) (no person subject to special sentencing] of the type 1 (less than KRW 100 million) general fraud;

2. The fact that there was no opportunity to recover damage upon the defendant's repeated request by the defendant for a ruling of sentencing, but the damage was recovered or there was no agreed circumstance, etc., shall be considered to be less significant in terms of unfavorable circumstances, such as the amount obtained by deception, the fact that the person is the first offender, etc., taking into consideration favorable circumstances, and the other defendant's person.