A defendant shall be punished by imprisonment for not less than eight 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 December 20, 2016, at the C office located in Busan-gu, Busan-gu, the Defendant made a false statement to the victim D, stating that “The down payment is insufficient to make a contract with the rental apartment as the winner is awarded a prize in the leased apartment.”

However, in fact, even if the defendant had been 60 million won at the time and had been able to repay his debt even if he had received money from the victim, he did not have won his mother's winning in the rental apartment.

As such, the Defendant, by deceiving the victim, received KRW 3 million from the same day to the company bank account in its name on the same day, from May 18, 2018, received a total of KRW 7,9250,000 from around 23 times, as shown in the attached Table of Crimes, from around May 18, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to the accusation, receipt of loan, and remittance;

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

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on Probation, etc. [Scope of Recommendation] General Fraud (100 million won or less) and the mitigation area (1 to 1 year) [Special Mitigation] and the exemption area (1 to 1 year] punishment (a decision of sentence] [a decision of sentence] the sum of the acquired money of this case is not less than 80 million won, and the fact that there was a record of fraud even before the instant case, etc. are disadvantageous to the Defendant.

On the other hand, there are circumstances favorable to the defendant, such as the fact that the defendant reflects his mistake, and the criminal records of the same kind have been prior to 15 years or longer, and that the victim does not want punishment by mutual consent with the victim.

The above sentencing guidelines and sentencing factors are the defendant's age, character and behavior.