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

The Defendant, around October 6, 201, at the “I” office located on the fourth floor of the Gangnam-gu Seoul Metropolitan H building in Gangnam-gu, Seoul around October 6, 201, shall pay the victim J the card price of KRW 10 million. The Defendant shall pay the card price of KRW 10 million within one month.

The phrase “ makes a false statement.”

However, the Defendant had no intention or ability to pay money even if he borrowed money from the injured party because it was difficult for the Defendant to maintain the office due to the deficit in the operation of the insurance agency around that time.

Nevertheless, on October 6, 201, the Defendant: (a) by deceiving the victim as above; (b) received KRW 3 million from the victim to the bank account of Defendant name; (c) from then on December 12, 201, the Defendant received a total of KRW 42,900,000 from then on December 12, 201, from the time to October 12, 201, to the bank account under the name of Defendant or Company I, or received a cash delivery.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement by the witness J;

1. Statement made by the police to J;

1. Application of Acts and subordinate statutes to file a complaint, copy of passbook, confirmation letter, investigation report (Submission of a certificate of confirmation of deposit by the complainant, arrangement of a list of crimes), certificate of deposit confirmation, investigation report (execution of a warrant of search and seizure), bank answer data, and investigation report (Submission of suspect A Data)

1. Article 347(1) of the Criminal Act (the point of each fraud) and the choice of imprisonment with labor for the crime concerned;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination as to the defendant's assertion under Article 62-2 of the Criminal Code of the Social Service Order

1. The Defendant alleged that he had the victim J knew that it is difficult for the victim to do so because he had a true talk about the business situation and the victim knew that the financial situation of the Defendant is difficult.

The defendant was temporarily faced with financial difficulties while commencing the insurance agency.