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 of the final judgment.

Punishment of the crime

On February 20, 2014, the Defendant stated that “D’s operation “D” of the Victim C, which is located in 101, Namyang-si, Gyeonggi-si, Gyeonggi-do, would require KRW 30,000,000,000,000 to the victim. It would be returned after one month if he/she lends KRW 30,000,000 to the victim, who is also in need of use in the house and borrowed money at other places. It would also be refunded KRW 85,00,000,000 to the victim.”

However, in fact, the Defendant only provided a deposit of KRW 20 million to the mother’s house and resides therein, and as such, the Defendant did not hold the right to return KRW 85 million deposit and did not have any intent or ability to repay the money borrowed from the victim as collateral.

At around 13:50 on February 28, 2014, the Defendant acquired 30 million won from the victim to the new bank account in the name of the Defendant’s wife E, by means of remittance.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. Application of Acts and subordinate statutes to a copy of a loan certificate, a deposit slip, a rejection of a return of lease, a certificate of contents, and a copy of a written agreement;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] General Fraud (less than KRW 100 million) does not exist [Pronouncement Decision] [Judgment of sentence] 8 months and imprisonment, 2 years and suspension of execution, the Defendant obtained 30 million won against the victim by deceiving the victim, 30 million won, which is disadvantageously unfavorable, the fact of the crime is against the view of the crime, and the fact that there is no other penalty power other than the one-time fine prior to the one-time fine prior to the crime of this case is advantageously considered. The method and result of the crime of this case, the circumstances after the crime, the age of the Defendants, character and conduct, family environment, etc. are considered.