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 of the final judgment.

Punishment of the crime

On October 1, 2007, the Defendant made a false statement to the victim B, “D” office in Songpa-gu Seoul Metropolitan Government’s operation, stating that “If the Defendant borrowed KRW 10,000,000 from the ordering office for the following month, the Defendant would pay KRW 130,000,000, including KRW 70,000,00,000, prior to the loan of KRW 10,000.”

However, at the time of fact, the Defendant was liable to pay the amount of KRW 30,000,000 to the Defendant, and there was no particular income from the said D and there was no specific plan to pay the service cost. Therefore, even if the Defendant borrowed money from the victim, there was no intention or ability to pay it.

The Defendant, as such, by deceiving the victim, received KRW 10,000,000 from the victim as the borrowed money.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused (including B statement section);

1. Application of the police protocol protocol law to B

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

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

1. Social service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing of Articles 32(1), 26(1), and 25(3) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation Order [type Decision] In cases where the degree of willful misconduct or deception is weak (the amount less than KRW 100 million): Reduction element: [Determination on the recommended area] Reduction Area: One month or one year [whether or not to suspend the execution of sentence]. The main reason for major mistake: In cases where the principal mistake of agreement is positive - In cases where the willful misconduct is committed or the degree of deception is weak, the reason for actual fraud is considerably small: positive - there is no previous conviction or more than suspended execution.