A defendant shall be punished by imprisonment for six months.

except that 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 February 25, 2011, the Defendant made a false statement to the victim D, “If he/she intends to enter the apartment as a pre-paid house, and if he/she lends money because he/she did not have any money on a deposit basis, he/she will make a monthly payment to the husband.”

However, the Defendant did not have any specific income or property other than the husband’s monthly wage of 1.5 million won at the time, and thus, the family’s finance was proper because it was appropriated for the payment of children’s child support and living expenses from another person. Therefore, even if the Defendant borrowed money from the victim, it did not have any intention or ability to complete payment

The Defendant received KRW 160,283,427 from around 93 times to October 2015, a sum of KRW 160,283,427 from around 201 to around 93 times, as shown in the list of crimes committed by the Defendant, as the Defendant received 13.8 million won from her husband E to her husband E’s account as the borrowed money.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Court statement of the defendant (the fourth court date);

1. Legal statement of witness D;

1. Application of the details of each entry, withdrawal and transactions, and the Acts and subordinate statutes on passbook transactions;

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Taking into account the fact that an agreement has been reached smoothly with the victim, that is the first offender with no criminal records, and that it is difficult to deem that there was an active deception);