A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 26, 2011, the Defendant calls to the victim F, who is an employee of the "E" entertainment shop located in Gangnam-gu Seoul Metropolitan Government, and calls to the victim F, who is an employee of the entertainment shop located in Gangnam-gu, Seoul, and is in progress of the business in Thailand, and the business fund is required.

It is necessary to lend KRW 20 million to pay it after one month.

‘False speech' was made.

However, as the Defendant did not have any property at the time of borrowing money from the damaged person, and did not have any other repayment plan, the Defendant did not have any intent or ability to repay the money even if he borrowed money from the damaged person.

As such, the Defendant, by deceiving the victim, received 20 million won from the new bank account in the name of the defendant under the same name as the loan money from the victim, and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes regarding transaction details;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] [the scope of the recommended punishment [the scope of the punishment and the scope of the recommended punishment] that is less than 100 million won in general fraud [the person who is subject to special sentencing]. Reduction area of the punishment is mitigated, one month in imprisonment or one year in prison.

3. Grounds for a suspended sentence [main reasons for consideration] positive: Non-taxation of punishment (general consideration] positive: Social ties clearly, and there is no criminal record of a suspended sentence or heavier.

4. In full view of the fact that the defendant who was sentenced to the sentence of this case led to the confession of the crime of this case, the repayment of the money obtained by the victim after the prosecution of this case and agreed to do so, the fact that there was no criminal record of suspended execution or more before the prosecution of this case, and the conditions of