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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 2012, 2012, the Defendant made a false statement to the effect that “The Defendant, in a DNA herb bank located in Geumcheon-gu Seoul Special Metropolitan City, Jeonjin-gu, Seoul Special Metropolitan City, the victim E, “as the Defendant has the ability to pay the time limit due to the name of home, and the ability to pay the time limit, so that he/she is admitted as a member of the fraternity, the subject of guidance.”

However, in fact, the defendant did not have any value as collateral and the monthly income was 4 million won in excess of his/her obligation. On the other hand, it was required to pay 10 million won or more per month interest on his/her personal obligation, and thus, even if he/she joined the system of 2,370,690 won per month, 29 months of his/her payment period, 68750,000 won of the total amount of payment, he/she did not have any intention or ability to pay his/her payment properly even if he/she received the payment from the person who is the main owner

After deceiving the victim and joining the fraternity as above, the Defendant acquired the total sum of KRW 20 million on October 8, 2012 from the victim, and KRW 50 million on November 3, 201 of the same month from the victim to the corporate bank account (F) in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a report on investigation (Submission of a detailed statement of bank transactions under suspect name);

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act ( considered as favorable circumstances among the reasons for sentencing as follows) [the scope of recommendation] under Article 62(1) of the Act on the Suspension of Execution [the grounds for sentencing] There is no person [the person subject to special sentencing] [the decision of sentencing] [the amount of damage for 8 months of imprisonment and 2 years of suspended sentence is 50 million won, the amount of damage for 2 years of suspended sentence is 50 million won, and the amount of damage has not been significant due to full repayment of 12 million won, and the defendant has paid a larger interest than the revenue.

Since it is expected to be restricted to participate in the bidding and the difficulty in the operation of the enterprise is objectively anticipated, it has taken out the system and received the guidance immediately, so the degree of deceptive act is not easy.