A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On January 12, 2014, the Defendant made a false statement to the victim C’s house located in Yong-Gun, Jeonnam-gun, Seoul-do, stating that “it is necessary to undergo a new house completion inspection, and KRW 20,000,000 is the date of approval of completion, but will receive a loan as security and repay it within 10 days, and it has already been placed in agricultural cooperatives.”

However, at the time of the defendant's thought to use the money received from the victim for the agreement on fraud, the defendant did not have any intent or ability to pay the money within 10 days even if he received the money from the victim with excessive debts such as 300 million won of loans and 50 million won of bonds to the Agricultural Cooperatives, the New Cooperatives, etc.

Therefore, on January 13, 2014, the defendant acquired 20 million won from the victim to the account of the Nonghyup Bank in the name of the defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. - Application of the specification of transactions-related legislation

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. Reasons for sentencing (the applicant and the defendant agreed upon) under Article 32 (1) 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuit to Dismiss Application for Compensation;

1. Determination of types of crime: Type 1 (less than 100 million won) of the general fraud;

2. Determination of the scope of sentence: Reduction area, from one year to one year (a person who is subject to special mitigation shall not be subject to punishment);

3. The sentencing guidelines shall be set within the scope of sentencing guidelines in consideration of the fact that the accused acknowledges and reflects his/her mistake, the fact that the accused agreed with the victim after the prosecution, the fact that the accused has no record of criminal punishment exceeding the fine, the age, character and conduct of the accused, family relationship, etc., and the execution of the sentence shall be suspended;