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 this judgment becomes final and conclusive.

Punishment of the crime

Around September 201, when credit card payments were overdue and living expenses were insufficient, the Defendant concluded that, even if he did not receive money from others because he did not have assets at the time and did not continuously work at the workplace, he did not intend or have ability to pay such money, he would infusing money from others by deceiving the victim as if he had paid the money. On September 9, 2011, the Defendant concluded that, “I would pay a certain amount of money each month if I would lend money to the victim immediately to pay the credit card payments to the victim,” and that, on the same day, the Defendant received cash of KRW 1,90,000,000 from the victim to the time of borrowing from September 21, 2011, as indicated in the attached Table of Crimes, from September 21, 2011 to the time of borrowing from September 27, 2017.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning B;

1. Application of Acts and subordinate statutes on a copy of each passbook, a detailed statement of transactions in each passbook, a modern capital loan details, and a detailed statement of credit card use;

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

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

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing [the determination of types of punishment is inappropriate] below KRW 100 million in general fraud [the special form of punishment] below KRW 100 million in cases where the degree of deception is weak (the determination of the recommended area] [the scope of recommendation area] / one month to one year [the general form of punishment] / one year [the general form of punishment] - the increased factor: the use of personal trust relationship / [the suspension of execution].