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

The Defendant was a victim C (27 years old) and a person who was divingd on November 2016.

On November 2016, 2016, the defendant paid money to the victim in the "E" restaurant in Changwon-si, Changwon-si, Changwon-si, Changwon-si, and the defendant is under credit rating when maintaining the balance of money to the victim.

Inasmuch as it is intended to obtain a loan under a good condition to raise credit rating, it means that (a) if you lend money to B, they would have deposited the money in the account, and (b) they would have repaid the credit rating after 2 months thereafter; (b) the victim did not have any money; (c) the victim’s defect that there is no money; and (d) for the two-month loan to B, the amount of interest shall be paid in full, and the amount of interest shall be returned for the two-month loan, and the amount not paid shall be returned.

However, in fact, the Defendant was liable to pay approximately KRW 14 million at the time, and there was no certain amount of income, and there was an idea of so-called “the so-called “the right to prevent a return” in lending money to the victim or repaying the existing obligation. Therefore, there was no intention or ability to pay the money normally even if the Defendant borrowed money from the victim.

The defendant deceivings the victim as above and transferred KRW 38.6 million to the Suhyup Bank account (Account Number:F) of the defendant name on December 19, 2016 from the victim who was affiliated therewith.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Details of transactions of deposits and withdrawals;

1. Application of Acts and subordinate statutes on credit information replies;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of the recommended punishment on the sentencing criteria: Imprisonment with prison labor for up to one year and six months [the scope of the recommended punishment]; the basic area (up to six months to one year and six months) (up to six months) of the basic area (up to one year and six months); and

2. The following circumstances shall be determined by sentence: