A defendant shall be punished by imprisonment for four months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Punishment of the crime

At around 10:00 on January 12, 2016, the Defendant made a false statement to the victim B by telephone to the effect that “The amount to be paid to employees is insufficient. If the Defendant borrowed KRW 40 million, 5% interest shall be given, and he shall be repaid after one month.”

However, in fact, the Defendant was at the time responsible for the amount equivalent to KRW 70 million of financial institution obligation, personal debt 20 million, and there was a lack of funds to be paid to employees of the company operated at the time, as well as the situation where the operating company was at least KRW 10 million per month, and there was no particular property or income, and there was no other reason to use it for the repayment of the existing obligation, and thus, there was no intention or ability to pay it within the period of repayment as agreed upon by the victim even if he borrowed money from the victim.

Nevertheless, the Defendant, as seen above, by deceiving the victim and then remitting KRW 40 million from the victim to the Cbank account under the name of the Defendant, and by not paying KRW 25 million, acquired the pecuniary profits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement No. B

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, 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. The scope of the recommendations according to the sentencing guidelines [the decision of type] the general fraud [the type 1] below KRW 100 million [the special person] - The mitigation element: In a case where a deceitful act is committed intentionally, or the degree of the deceptive act is weak, [the scope of the recommending area and the recommended type] mitigation range, one month to one year [no general person] [the grounds for the suspension of execution] - The major reasons for the suspension of execution are cases where a deceitful act is committed intentionally, or the degree of the deceptive act is weak.