A defendant shall be punished by imprisonment for one year.

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

Criminal facts

The defendant has become aware of in the course of social life with the victim B.

On May 9, 2017, the Defendant made a false statement to the victim that “I will make payment within one million won due to a sudden use of inside the country, and if so, I will make payment within one week.”

However, at the time, the Defendant was unable to repay the personal debt amounting to KRW 30 million with E Bank and other financial institutions, and to repay the personal debt amounting to KRW 12 million with the bond company. Since the Defendant was in a financial state with insufficient living expenses, the Defendant did not have the intent or ability to pay the debt amounting to KRW 30 million with the money borrowed from the victim on the date of promise.

Around May 10, 2017, the Defendant, by deceiving the victim as such, received KRW 100,000 from an enterprise bank account (F) in the name of the Defendant from the victim as the borrowed money, and received from September 26, 2018 totaling KRW 11,666,00 from that time to September 26, 2018.

Accordingly, the Defendant, by deceiving the victim, received a total of KRW 11,660,00 from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement concerning B;

1. A report on investigation;

1. Application of Acts and subordinate statutes on a complaint, a detailed statement of deposit transactions, a statement of transactions by account, contents of G dialogue, credit information inquiry statement, reply and attached data on a request for investigation cooperation by H stock company for the investigation of the financial transaction status, notification of data on the financial transaction status, bank transaction status, customer basic information inquiry statement, notification of financial transaction status, crime sight table, repayment sight table, and loan certificate;

1. Article 347(1) of the Criminal Act, the choice of imprisonment with prison labor, inclusive, with respect to applicable legal provisions and the choice of punishment for the crime;

1. The crime of this case under Article 62(1) of the Criminal Act is to be obtained by deceiving a victim who has trusted himself/herself, and to acquire 11,66 million won by deceiving him/her, in view of the circumstances of the crime and the amount of fraud.