A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On July 31, 2012, the Defendant: “On July 31, 2012, the Defendant: (a) was aware of the fact that “In the case of money borrowed from another person’s test; (b) the Defendant lent KRW 20 million to the victim C until the end of September 2012.”

However, the defendant did not have any particular property at the time, and there was no other special income, and there was a debt equivalent to KRW 27 million, and even if he borrowed the above money from the victim, he did not have an intention or ability to repay it.

In other words, the Defendant received from the victim a transfer of KRW 20 million from the post office account (Account Number:F) in the name of the Defendant for the purpose of borrowing money from the victim and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on transfer;

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

1. Reasons for sentencing under Article 32(1)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders (in cases where an applicant for a compensation order has been paid KRW 20 million on September 4, 2013, and thus it is unreasonable to issue an order for compensation)

1. The scope of punishment by law: Imprisonment with prison labor for not more than ten years;

2. Scope of recommendations on the sentencing criteria: The range of recommendations [decision of types] on the sentencing criteria, fraud group, general fraud, and Type 1 (less than KRW 100 million) [Special Convicts] - Reduction element: The amount of penalties not (the amount of KRW 20 million shall be repaid and agreed upon) [the area of recommendations and the scope of recommendations according to the sentencing criteria]: Imprisonment for not more than one year;

3. Determination of sentence: The above sentence shall be determined in consideration of the fact that the defendant has been sentenced two times to a fine for the same kind in six months of imprisonment with prison labor, but the victim has paid the full amount of damage and reached an agreement thereon;

It is so decided as per Disposition for the above reasons.