A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The defendant is a person who has worked as a manager of an insurance company, and the victim B is a former employee of the above company.

On July 2019, the Defendant is entitled to receive the cost of 100 million won from E when he/she moves to an insurance agency of "E" from the Gangnam-gu Seoul and 11th floor D office to the victim. If he/she moves to another insurance agency, he/she is entitled to receive the cost of 100 million won, and the security deposit shall be included in advance.

It is intended to lend KRW 25 million to the head of the Gu with the cost of the Scar-out on a deposit day.

“.....”

However, in fact, the Defendant did not receive money from the Defendant under the pretext of Scar-out, and there was no intention or ability to repay money from the damaged party, even though he was planned to receive the above 25 million won from the injured party to use it for personal purposes, such as living expenses and repayment of loans.

On July 24, 2019, the Defendant: (a) by deceiving the victim as above; and (b) obtained money from the victim through the Defendant’s account in the name of one bank account (G) with the name of the Defendant’s wife as the borrowed money from July 24, 2019.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Character messages printed out, printed out text messages, copies of accounts, and borrowed money;

1. Application of Acts and subordinate statutes to report on investigation (Submission of a family relation certificate which is a complainant, hearing statements by a complainant, and attaching suspect credit information data);

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [type 1] The scope of the recommended punishment [type 1] and the amount below 100 million won [person subject to special sentencing]]: In cases where the punishment is not granted or significant damage has been recovered, the area of mitigation [the scope of the recommended punishment and the scope of the recommended punishment], the area of mitigation of the punishment, one month to one year.

3. The appearance of the defendant who made the decision of sentence is against himself while making a confession of crime.