A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

It is obvious that the “D” written indictment in the Defendant and the victim B is a clerical error.

It is a friendly family member.

On August 3, 2017, the Defendant loaned KRW 32.7 million to the victim from the first floor of the Gyeyang-gu Incheon building C on or around August 3, 2017, the Defendant would pay KRW 50 million until November 30, 2017.

In other cases where money to be received in another construction site and a lawsuit are pending, one-half of the ownership of the building can be satisfied.

“The purpose of “ was to make a false statement.”

However, there was no particular income or property at the time of the construction, and the Defendant did not receive any construction cost from other construction sites. The National Health Insurance Corporation had a duty of KRW 14 million, such as overdue payment of KRW 5.5 million, and a duty of KRW 100 million to F, the owner of the building in Gyeyang-gu Incheon E Corporation. Thus, there was no intention or ability to pay the said amount even if he borrowed the said money.

Therefore, the Defendant, by deceiving the victim as above, received KRW 32.7 million from the victim to G account (H) in the name of the Defendant around August 3, 2017.

Summary of Evidence

1. Defendant's legal statement;

1. Grade B of the protocol of interrogation of the accused by the prosecution

1. Grade D of the police interrogation protocol against the defendant

1. Statement made to D by the police;

1. A fact-finding certificate of DNA preparation;

1. Each investigation report (verification of credit information of a suspect, verification of the suspect's proceedings, attachment of details of transactions in the account of a suspect, verification of the user of borrowed money, verification of suspect's additional liabilities, and hearingF statements);

1. Application of Acts and subordinate statutes on the results of the transfer by the I Bank, the details of account transactions in the name of a suspect, and the details of account transactions in the name of aJ;

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of recommendations according to the sentencing criteria (the determination of types) shall be limited to fraud (the type 1). The general fraud shall be limited to less than KRW 100 million (the person specially punished).