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 became final and conclusive.

Punishment of the crime

Around January 17, 2019, the Defendant: (a) made it difficult to borrow money from a financial institution due to bad credit and thus, (b) borrowed money from a third party due to the fact that he borrowed money from a third party; (c) he was willing to repay other debts; and (d) even if he did not have any intent or ability to repay the borrowed money due to the absence of any particular property in the name of a certain income and the Defendant, he/she was unaware of the victim B with the purport that “if he/she lent KRW 30 million to a business fund, he/she would pay the principal at 6% of the monthly interest and six months after the loan,” and that he/she received KRW 30 million from the damaged person to the Defendant’s account at the Nonghyup Bank.

Summary of Evidence

1. Statement of the police concerning the defendant who has made a statement in court by the court concerning the suspect B;

1. Investigative report (verification of the details of use of 30 million won borrowed), investigative report (Attachment of suspect A credit information response data), and response data;

1. Application of Acts and subordinate statutes on filing of a complaint, money borrowing certificate, a certified copy of a fair deed, details of transactions of deposits and deposits, and details of account transactions;

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. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing, taking into account the circumstances favorable to the defendant);

1. The scope of the recommended punishment according to the sentencing guidelines [type 1] The general fraud [type 1] and there is no person who is less than KRW 100 million [the territory of recommendation and the scope of the recommended punishment] (the scope of the recommended punishment], the basic area of the recommendation, six months of imprisonment through one year and six months of a year;

2. In light of the contents of the instant deception decision and the method of such deception, etc., the fact that the nature of the crime is bad, the amount of the fraud is not significant, the fact that the victim failed to obtain a letter from the injured party and did not reach an agreement, and the victim continuously desires to take a strict punishment against the accused is disadvantageous to the Defendant.

The defendant recognized his mistake and reflected his mistake.