A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On March 7, 2016, the Defendant calls to the victim B of friendly job offering at a time lower than that of March 7, 2016, and receives loans under the name of NA and pays the loans according to the credit rating of 3 to 4 months after a week with a low credit rating.

“The purpose of “ was to make a false representation.”

However, in fact, the Defendant continued to operate a business without any specific property at the time, and the construction cost paid at the construction site that was in progress at many places was not used as the wages, etc. at the construction site, but as a situation was preventing repayment of temporary loan or return of the money to another construction site, and thus, there was no intention or ability to repay the money within the period agreed upon by the victim even if it was borrowed from the victim.

Nevertheless, the defendant deceivings the victim as above and transfers 50 million won to the Nong Bank account under the name of the defendant on the same day from the victim, and the same year.

3. On 17.17., 18.67 million won was remitted under the above name.

Accordingly, the Defendant, by deceiving the victim, was given a total of KRW 68.67 million over twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of the defendant in B during the second examination of the suspect in the police protocol;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes on details of account transactions, receipt of remittance, and details of passbook transactions;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 32 (1) and (2) and Article 25 (3) 3 (the scope of liability for damages is not clear) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Which an application for a compensation order is filed;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] general fraud (less than KRW 100 million) and the mitigation area (one month to one year) [the person subject to special mitigation] is not subject to the punishment (the sentence.