A defendant shall be punished by imprisonment for not less than eight 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 January 2012, the Defendant: (a) at the victim D’s house located in Sinnam-gun, Nannam-gun, the Defendant: (b) concluded that “I would, if I lend the victim’s marriage fund of KRW 50,000,000,000,000 from the time of the loan to the time of December 2012, the Defendant would receive the marriage congratulatory money from the victim; (c) on October 2012, the Defendant would make a false statement to the victim that “I would, if I would additionally lend the victim KRW 10,000,000, it would be repaid one month after the loan to the victim.”

In fact, at the time, the Defendant had been at least KRW 450 million, and even if having borrowed money from the injured party, he thought that he would be used to repay his debt rather than the marriage fund for his father, so even if he borrowed money from the injured party, he did not have the intention or ability to repay it.

Nevertheless, the Defendant: (a) received KRW 20 million from the victim’s defrauded to the Agricultural Cooperative Account in the name of the Defendant’s father E on January 2, 2012; (b) received KRW 9.5 million from the same account around June 20, 2012; (c) received KRW 20 million in cash from the victim’s home on July 21, 2012; and (d) received KRW 10 million from the F’s agricultural bank account on October 4, 2012 to receive KRW 50 million in total on four occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each complaint;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements by complainants);

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act and the choice of punishment for the crime;

1. The grounds for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] general fraud [the scope of the recommended punishment] (one month to one year), in the mitigated area (one month to one year] [the person who is specially mitigated], or in the case where considerable damage was restored (the decision of sentence], the sentencing conditions indicated in the record, such as the following circumstances and age of the defendant, environment, motive, means and consequence of the crime, the motive and consequence of the crime, etc., shall be determined within the scope of the recommended punishment according to the sentencing guidelines, taking into account the following circumstances.

Unfavorable circumstances: number of crimes committed in the same kind.