A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On February 2, 2016, the Defendant called the victim B by phoneing the victim B around Incheon, and performed the work at the place where our father is operating the "C" store in the Dong-gu, Gwangju. However, the Defendant would change it within three months if he/she lends the money to Na-do store.

“A false statement” was made.

However, the father of the defendant did not operate the "C" store in Gwangju, and the defendant only worked as an employee in the above store and did not plan to rent a new store. The defendant was planning to repay the debt with the money borrowed from the injured party in the situation that he was unable to repay the money borrowed from the third financial zone at the time, so even if he borrowed the money from the injured party, he did not have any intention or ability to pay the money within three months.

Nevertheless, the Defendant, as seen above, was accused by deceiving the victim and transferred the victim the total sum of KRW 10 million on February 11, 2016, and KRW 15 million on February 12, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes on the details of trading complaint, each passbook, and the Kakao text;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

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

1. The reason for the sentencing of Article 62-2 of the Criminal Code of the Social Service Order and the protection and observation of protection and the reason for the sentencing [type determination] of the general fraud [the scope of the recommended punishment] / [the scope of the punishment] basic area, six months to one year and six months / [the sentence] / [the sentence is not clear, and the nature of the crime is not good in light of the law of crime, and the damage is not recovered] disadvantageous circumstances (the punishment is not recovered, etc.), favorable circumstances (the first crime is recognized, the crime is recognized and is against depth, and the best efforts is made to recover damage caused by the crime in this case). Other background and motive leading to the criminal defendant's age, sexual behavior, family environment, and crime.