A defendant shall be punished by imprisonment for not less than eight 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.

Criminal facts

On July 2, 2017, the Defendant: (a) phone called to the victim B at the scene of a hospital in Daegu Jung-gu on July 2, 2017; and (b) was unable to obtain a loan under the name of the Defendant, with the credit rating having to repay the loan to the lending company; (c) was given a loan under the name of the victim, and (d) was deposited in the passbook in the name of the Defendant; and (d) was possible to obtain a loan under the name of the Defendant, the Defendant would receive a loan.

“A false statement was made to the effect that it was “.”

However, even if the defendant 60 million won or more was incurred by the defendant, and the victim borrowed money from the victim by the above method, the bank was scheduled to use it as money for gambling, and there was no intention or ability to change the borrowed money to the victim.

As such, the Defendant, by deceiving the victim and allowing the victim to borrow KRW 32 million from the SBI Savings Bank, and then, acquired the victim’s money by remittance of KRW 100,000,000,000 from the company bank account (C) under the name of the Defendant, and KRW 32 million on July 10, 2017.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A protocol concerning the examination of the suspect against the defendant (including B/S);

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes on transaction details;

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 62-2 of the Criminal Act of the community service order is reasonable, and the amount obtained by deception by the defendant by deceiving the victim, which led to the omission of the victim in economic difficulties, and the defendant has a large amount of money obtained by deception by gambling, etc.

However, it is against the defendant's recognition of the crime, the first offender who has no record of punishment so far, and the victim by mutual consent with the victim.