A defendant shall be punished by imprisonment with prison labor for up to six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Punishment of the crime

[Criminal Power] On August 9, 2017, the Defendant was sentenced to imprisonment with prison labor for 10 months for violating the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., in the Gangnam Branch Branch of the Chuncheon District Court, and the said judgment became final and conclusive on August 17, 2017.

【Criminal Facts】

On April 2016, the Defendant made a false statement to the victim B by telephone, stating that “Around April 2016, the Defendant: (a) there is insufficient money to pay a security deposit; and (b) the father has to undergo surgery at the hospital; (c) if the Defendant borrowed the loan from the hospital, he/she is liable to pay the principal and interest of the loan and the principal and interest.”

However, the defendant was not in need of deposit or father's operating expenses, and when he borrowed money from the victim, he was thought to pay the loan to the lending company by using it.

Nevertheless, on April 6, 2016, the Defendant, by deceiving the victim as above, received a loan from the bank, and then by inducing the victim to remit 6 million won to the Cbank account (D) account in the name of the Defendant, 6 million won to the EUnion account in the name of the Defendant on the same day, 40 million won to the same account around August of the same month, and 5 million won to the same account around the 10th of the same month, and 57 million won to the same account around the 10th of the same month.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A copy of the loan certificate or passbook;

1. Previouss before ruling: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (latter concurrent crimes of Article 37 of the Criminal Act);

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act on Suspension of Execution (Consideration of Agreement with Victims);