1. The punishment of the accused shall be three months of imprisonment;

2. Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive;

Punishment of the crime

On February 2, 2013, the Defendant made a false statement to the victim C (Inn, 48 years of age) at the mutual infinite coffee shop located in Seosan-si, Seosan-si, that “The purchase fund of Go-gu is urgently needed to carry out the funeral of Go-gu and Go-gu. If the Defendant borrowed money, he would sell Go-guma and pay it within two months.”

However, the defendant, without any property at the time, bears approximately KRW 40 million in total of his/her obligations such as loans, and even if he/she receives money from the victim, he/she did not have any intent or ability to repay the above money to the victim.

Nevertheless, the Defendant was transferred from the victim KRW 20 million on February 27, 2013, KRW 10 million on March 26, 2013, KRW 33 million on April 1, 2013, and KRW 33 million on April 1, 2013.

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

Summary of Evidence

1. Defendant's legal statement;

1. C’s legal statement;

1. Statement of the police statement regarding C;

1. Written complaint and accompanying documents of C;

1. Application of Acts and subordinate statutes on account transactions;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Although it is not good for sentencing under Article 62(1) of the Criminal Act, the punishment shall be determined by taking into account the following: (a) the fact that the Defendant was the first offender, the Defendant repaid KRW 12.5 million as of October 20, 2016, and the victim consulted with the victim to pay KRW 500,000 per month, in equal installments.