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A defendant shall be punished by imprisonment for not more than ten months.
Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.
Reasons
Punishment of the crime
On May 9, 2013, the Defendant requires the victim E to pay the amount of "$100 and card payment" at the Diplomatic Center operated by the Defendant in Yongsan-gu Seoul, Yongsan-gu, Seoul.
When a person lends money, he/she shall pay interest up to seven to eight installments, and he/she shall pay it in full thereafter.
“...”
However, the defendant, at the time, bears a debt of about KRW 200 million to the lending company or other persons, and even if he borrows money from the victim, he did not have the intention or ability to repay it.
The Defendant received the total amount of KRW 15 million on the same day from the victim in the account of a company bank (Account NumberF) under the name of the Defendant, and acquired it by deceiving the victim by the above methods, and received KRW 30 million on the 10th of the same month, KRW 15 million on the 20th of the same month, KRW 5 million on the 21th of the same month, and KRW 5 million on the 20 million on the 13th of the same month, and received KRW 70 million in cash on the 13th of the same month.
Summary of Evidence
1. Statement of the defendant in the second protocol of trial;
1. Statement of the police statement of E;
1. Application of five copies of a written confirmation on payment without passbook, three copies of cash storage, and Acts and subordinate statutes on the list of creditors;
1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Reasons for sentencing under Article 62(1) of the Criminal Act (i.e., the primary offender, the victim is seeking the Defendant’s wife, and the victim seems to be against the Defendant) of the Act on the Suspension of Execution [the scope of recommending punishment] General Fraud (i.e., the mitigation area (i., month or year of less than KRW 100 million) (i.e., the person subject to special mitigation) and (ii) mitigation area (i.e., the person subject to special mitigation) or considerable damage recovery,