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

The Defendant, while using the office with the victim C in Gangdong-gu Seoul Metropolitan Government and operating the Internet clothing shopping mall, was in need of money in order to repay the value of the borrowed money and the goods of the customer from the paper D, with the intent to obtain money from the victim as if D borrowed money from the victim.

On December 2, 2010, the Defendant stated, at the end of the office, that “A person who is a D in which he performs a clothing store, his father is currently the principal of the school and the house is good. The Defendant borrowed money to D and grants interest of KRW 2 million per month.”

However, in fact, the Defendant applied for individual rehabilitation at the time and repaid the repayment according to the repayment plan, but the shopping mall business did not have the intent or ability to pay the above interest, and did not have the intent or ability to pay the victim's money. The victim who is well aware of the circumstances of the Defendant would not be the same as the Defendant would lend the money to D. When the victim remitted the money to D, the Defendant would have again delivered the money that the Defendant would have repaid to D and the Defendant would have used the money.

The Defendant, as such, by deceiving the victim, received the said money by forcing the victim to remit 45 million won to D’s account on January 6, 2011.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Application of Acts and subordinate statutes to the details of account transactions (Evidence List 4);

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

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] General Fraud (less than KRW 100 million) and there is no basic area (six months to one year and six months) (special person) [the decision of sentence] reflectivity, 25 million won.