A defendant shall be punished by imprisonment with prison labor for four months.

except that 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 November 14, 2017, the Defendant made a false statement that “C” company located in Jincheon-gun, Jincheon-gun, Jincheon-gun, the Defendant purchased automobile parts at a low price and supplied the automobile industry company with the automobile parts and deposited in the automobile insurance company upon the completion of the repair of the automobile. In other words, if the Defendant borrowed money, it would make an investment to pay the principal and 20% interest after one week.”

However, in fact, the Defendant had been liable for personal debt amounting to KRW 20 million, and no profit was accrued through the resale of the automobile parts at the time, from November 17, 2017 to December 25, 2017, and there was no economic reason to make a total of KRW 7.5 million borrowed money from the victim twice from November 17, 2017 to the same month, and as such, there was no intention or ability to make a profit by means of resale of the automobile parts even if the Defendant borrowed money from the victim for personal purpose, such as repayment of personal debt.

As above, the Defendant, by deceiving the victim as above, obtained KRW 6 million from the victim on November 30, 2017, KRW 2.8 million on or around December 7, 2017, KRW 5 million on or around December 14 of the same year, KRW 5 million on or around December 18 of the same year, and KRW 15 million on or around December 22 of the same year, and acquired KRW 33.8 million in total from the victim to the EF bank account in the name of E.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on investigation;

1. Application of transfer specifications and details of transactions Acts and subordinate statutes;

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

1. Article 62(1) of the Criminal Act (see, e.g., the reason for sentencing) does not include a relatively little amount of fraud by the Defendant for the reason of sentencing, but also the degree of deception cannot be deemed as weak.

However, the defendant has no same power and has reached an agreement with the victim;