A defendant shall be punished by imprisonment for not more than ten 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

On October 2010, the Defendant accepted a proposal from B (hereinafter referred to as “B”) that “I want to lend money in four names to lend money. I want to borrow money.”

On December 3, 2010, the Defendant, along with B, owned F apartment 101 dong 1013, and directly resided in the E brokerage office operated by the victim D located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul, without any tenant, the Defendant himself/herself. He/she borrowed 48 million won, which provides it as security, within three months, and issued documents such as the detailed statement of the transfer household inspection prepared in advance by B.

However, in fact, the tenant with the fixed date was residing in the apartment, and the defendant did not have the ability to pay the money because the income was not specified.

Nevertheless, in collusion with B, the Defendant, as seen above, was accused of the victim and transferred KRW 4,656,00 from the victim to the Defendant’s account under the name of the Defendant on December 7, 2010.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Two copies of the details of perusal by the transferred household, detailed statement of transaction in a national bank, copy of loan contract, copy of loan certificate, copy of the confirmation of lease contents, copy of receipt, copy of receipt, copy of the register of accounts (F apartment 101, 1013), and copy of lease contract attached to a

1. Application of Acts and subordinate statutes to investigation reports (verification of details of account transactions following consent to provision of financial information by suspects);

1. Relevant laws concerning criminal facts, Articles 347 (1) and 30 of the Criminal Act that choose a penalty, and the choice of imprisonment;

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

1. The reason for the sentencing of Article 62-2 of the Criminal Act on Probation and Social Service Order [the range of recommending punishment] General Fraud (the amount less than KRW 100 million) and there is no basic area (one year and six months of imprisonment between six months and one year and six months) [the person who is a special person] [the sentence] / The amount of defraudation of this case is close to 50 million won.