A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 4, 2012, around 22:00, the Defendant sent a phone call to the victim D from the Gamsung-si Hospital in Ansan-si, Gyeonggi-do, and made a false statement to the effect that “The Defendant imported spores in the inland city and made a profit of up to seven times in approximately 2-3 months, and also invested KRW 90,000,000,000,000,000,000.”

However, in fact, the Defendant did not pay the profits that would have been 7 times as much as 7 times as the Defendant invested in the Pool clothes business at the time, and even if receiving the money from the injured party, he thought that it would be consumed as the Internet gambling fund. Around that time, the Defendant did not have any particular occupation or income, and there was no balance in the account and there was only a few 0,000 won, so even if he received money from the injured party as the investment deposit, the Defendant did not have the intent

Nevertheless, the Defendant, as such, by deceiving the victim, received KRW 1,50,000 from the Defendant’s agricultural bank account (E) in the name of the Defendant on the same day from the victim, and received KRW 58,050,000 from that time until June 27, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against F, and statement made by the police against D;

1. A criminal investigation report (where details of account transactions are attached), details of account transactions, investigation report (verification of the place of using borrowed money), and investigation report (related to inquiry into the account transfer counterpart account of borrowed money that the complainant has filed);

1. The application of each record book, loan certificate, and respective Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

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

3. Article 62 (1) of the Criminal Act on the suspension of execution;

4. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] In the case where the mitigation area (one month to one year) of Class 1 (less than KRW 100 million) is reduced (one year from January to one year), and the punishment is not imposed or considerable damage is recovered.