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

On December 3, 2014, the Defendant made a false statement to the victim B, “D Point” located in Chungcheongnamyang-gun, Chungcheongnam-gun, Chungcheongnam-do, stating that “If the mother’s land is re-developed in Daejeon, compensation would accrue, and may be repaid with compensation upon lending money.” However, the above real estate was uncertain as to whether it was re-owned or not, and the Defendant did not have any intent or ability to repay the money even if it borrowed the money from the damaged party in excess of the obligation at the time.

Nevertheless, the Defendant received 26 million won from the injured party, i.e., the Defendant received from the injured party, and from around that time to February 4, 2015, a total of KRW 45,30,000,000 from the injured party under the name of the borrowed money, as shown in the list of crimes in the attached Table from around that time.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A copy of each loan certificate;

1. An investigation report (to be accompanied by a detailed statement of account transactions by a complainant);

1. The application of statutes to reply to requests for cooperation in investigation;

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. The reason for sentencing under Article 25 (1) 1 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders [the scope of the recommended punishment] In the case where a person committed an intentional deception in the mitigated area (one month to one year) [the special mitigated person] (the special mitigated person], or the degree of deception is weak (the decision of sentence] in the case where the amount of punishment is weak (the decision of sentence is 6 months), in the case where the money acquired by the defendant by deceiving the victim for 2 years of suspended execution reaches 40,000 won, and the damage has not yet been recovered.

However, the Defendant used most of the money received from the victimized party as operating expenses for the main purpose, and was unable to repay the money due to the fact that the operation of the main purpose is well-grounded, and the degree of deception is weak.

And the defendant is the victim.