A defendant shall be punished by imprisonment with prison labor for up to six 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

The Defendant stated, on May 14, 2018, that “the same student loan is urgently required. It shall be repaid after one month if it is lent KRW 30 million to the victim at the office of the management of the victim C (the age of 41) located in Seopopo-si B.”

However, the Defendant did not need school expenses, and intended to use the money borrowed from the victim to repay his personal debt, and even if he borrowed money from the victim, he did not have any intent or ability to repay it, due to the circumstance that he was paying the amount of credit card payments and the loan of the lending company at the time, etc. to prevent the repayment of debt amounting to KRW 50 million.

As above, the Defendant, by deceiving the victim, received 30 million won from the victim to the national bank account (D) in the name of the defendant on the same day.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect examination of the accused prepared by the public prosecutor;

1. Statement made by the police officer C on the statement; and

1. Statement (including attached documents) of investigation report (the results of inquiry into credit information of a suspect) prepared by the police;

1. Entry in a petition filed by C;

1. Application of each Act and subordinate statute to each statement on a copy of each document for borrowing money, details of deposit and withdrawal transactions, and detailed statement of deposit transactions;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [the scope of punishment by law] 1 month or 10 years [the decision of a sentence] - fraud, general fraud, or type 1 (less than 100 million won) - mitigated elements - None of criminal punishment [the scope of recommendation] basic area, 6 months or 1 year or 6 months [the period of suspension of execution] positive reasons - There is no record of criminal punishment - There is no record of criminal punishment - There is no positive reason for major reference reasons: non-agreement - there is no record of criminal punishment - there is no positive reason for general reference.