A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

On July 25, 2011, the Defendant made a false statement to the victim E in the Defendant’s residence located in Incheon Reinforcement-gun, stating that “The Defendant is going to sell a farm house, but is going to operate a farm farm.” On the one hand, if the cost of operating a farm loaning money to the mother and child, the Defendant would return the principal and interest after two years, counting 12% of the principal and interest as interest every year.”

However, the defendant did not have any intention or ability to repay money even if he borrowed money from the victim because there was no particular property at the time of borrowing money from the victim.

Accordingly, the Defendant, by deceiving the victim as above, received 10 million won from the victim to the national bank account in the name of the defendant, and acquired it by transfer from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes on a certificate of borrowing and a copy of passbook;

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

1. Reasons for the suspended sentence under Article 62(1) of the Criminal Act / [the scope of recommending sentence] general fraud [the range of recommending sentence] the mitigated area (10 million won or more, or less than 500 million won) (10 to 6 months) of the mitigated area (10 million won) of the Criminal Act / [the decision of sentencing] the total amount of the money obtained by the victim is paid to the victim and agreed with the victim. There is no same record, but there is a criminal record twice of the fine; other amount of fraud, age, character and conduct, character, environment, motive and circumstance leading to the instant crime; and circumstances after the crime shall be determined as per the order.