A defendant shall be punished by imprisonment for not less than five 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

Around September 25, 2013, the Defendant made a false statement to the victim B, stating that “A person shall repay the victim after one month if he/she lends money to the victim B.”

However, in fact, the Defendant had a debt of approximately KRW 200 million at the time, had been able to receive money from the victim to pay other debt, and had been able to repay the debt by lending money from several locations, so even if he borrowed money from the victim, he did not have an intention or ability to pay the debt unless he borrows money from other persons.

The Defendant received KRW 10 million from the victim’s new bank account (Account Number C) in the name of the Defendant on the same day from the victim and received KRW 14.6 million in total on four occasions from that date to November 12, 2013, as shown in the list of crimes in the attached Table, from the victim to November 12, 2013.

Accordingly, the defendant acquired financial benefits by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to details of transactions of automation machinery, details of bank transactions, notarial deeds and the list of individual rehabilitation creditors;

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment by law: Imprisonment with prison labor for not more than ten years;

2. Application of the sentencing criteria;

(a) Determination of types: Fraudulent crimes, general fraud, and type 1 (less than KRW 100 million);

(b) Special amnestys: Reduction elements - Where the degree of deception is weak;

(c) Scope of recommendations: Reduction area, between one year;

3. Determination of sentence: Imprisonment with prison labor for five months, suspended sentence for two years (in consideration of the fact that the punishment is imposed concurrently, the fact that the damage is not recovered, the fact that there is a previous conviction of the same fine and one time);