A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

around May 2015, the Defendant “C” located in Jung-gu Seoul Metropolitan Government B, and the Defendant is required to operate an Internet business with the victim D.

The term "the interest of 50 million won on a monthly basis" was ‘the interest of 40 million won on a monthly basis.

However, the defendant did not start the Internet business, and was in the state of bad credit from the time of default on taxes of 48 million won in around 2007, and was in the state of bad credit. It was thought that he borrowed money from the damaged party to use it as the private auction fund, and there was no intention or ability to repay the borrowed money.

Around June 12, 2015, the Defendant: (a) by deceiving the victim as above; (b) received the Defendant’s new bank account (F) with the Defendant’s name; and (c) received the remittance of KRW 50 million under the name of borrowed money from the Defendant’s new bank account (F) around June 12, 2015; and (d) received from July 5, 2015 a total of KRW 128,30 million under the name of borrowed money nine times, as indicated in the separate crime list, from that time.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of a loan certificate, fact confirmation certificate, and details of transfer;

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

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

1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] general fraud (the amount of not less than KRW 100 million, the amount of less than KRW 500 million) and the mitigated area (from October to February 6) (the amount of special mitigation) are not subject to the punishment;

2. The decision of sentence [public prosecutor's opinion] 3 years of imprisonment / [Judgment] 1 year of imprisonment, the fact that the victim has an economic difficulty for a considerable period of two years of suspended sentence, the extent of deception and the amount of deception, etc. shall be selected.

However, considering the fact that the defendant confessions the defendant, the fact that the victim does not want the punishment of the defendant by agreement with the victim, the age, sex behavior, environment, etc. of the defendant.