A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Criminal facts

The defendant has disturbed with the victim B.

On August 201, the Defendant called “the president of a credit service company would borrow money with monthly salary and pay interest if he/she lends money because the president of a credit service company has urged repayment of his/her obligation and threatening to conceal it.”

However, in fact, the defendant was made a false statement in order to repay his debt incurred while gambling, and even if he borrowed money from the victim, he did not have the intent or ability to repay it.

The Defendant received KRW 5 million from the victim to the national bank account under the name of the Defendant on August 2, 2011, as well as from around that time to February 11, 2012, a total of KRW 49.2 million was remitted from the victim on six occasions from around that time to around February 1, 2012.

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

Summary of Evidence

1. Court statement of the defendant (the third court date);

1. Statement of the police concerning B (including the whole part of the suspect examination protocol);

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 (1) of the Election of Imprisonment or Imprisonment;

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

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. The crime of this case, which was determined to be sentenced, by deceiving a victim who had a female-friendly relationship, by deceiving him/her, and then consuming him/her as a sum of 49,200,00 won, is not sufficient to commit the crime in light of the circumstances of the crime, the method of the crime, the user of the money by deception, etc.

After the crime of this case, the Defendant did not make efforts to recover from damage for a long time by continuing contact with the victim.

In this point.