The sentence against the accused shall be determined by one year and six months of imprisonment.

However, the above sentence shall be executed for three years from the date this judgment became final and conclusive.

Punishment of the crime

On August 29, 2012, the Defendant told the victim C (the 38-year-old) in the residence of the victim C (the 103-dong 404-dong B apartment in Gwangju Northern-gu) that “The sale of the housing site is made in D, and there is a profit making. There is a profit making such sale. If the money is lent, the Defendant would continue to invest and repay the money borrowed from the profits.

However, from 2006, the Defendant did not have any property owned by the bad credit holder, and there was no intention or ability to repay the said property even if the Defendant borrowed money from the victim due to the lack of particular income.

On August 29, 2012, the Defendant, by deceiving the above victim, received KRW 2 million from the victim’s national bank account (E) in the name of the Defendant from the victim, and subsequently acquired KRW 147,80,000 from that time to April 17, 2014 by the said method, including the transfer of KRW 2 million from April 17, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police statement;

1. Application of Acts and subordinate statutes to entries in account transactions;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 (1) of the Act on Probation, etc.;

1. Scope of the sentence that may be sentenced [Determination of types of punishment] general fraud (the amount of punishment shall be not less than 100 million won, and less than 500 million won) - Where a person commits repeatedly over a considerable period of time due to the reduction element - In the event that the person committed repeatedly during a considerable period of time [decision on the area of recommendation] basic area [decision on the area of recommendation] [decision on the area of recommendation] 1 to 4 years [general person] - Use of personal trust relationship concerning increased factors - Use of personal trust relationship - Whether a person who has not been sentenced to positive punishment - Reasons for general reference - Where a person has committed repeatedly over a considerable period of suspension of execution or more

3. One year and six months (three years of suspension of execution of sentence) of imprisonment with prison labor;