A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

The Defendant, around June 14, 2010, at “Esing” operated by the victim D located in Bupyeong-gu Incheon Metropolitan Government, Bupyeong-gu, Incheon, to pay off money to the victim if the money is paid off.

The interest of the third part at the end of each month shall be paid.

“The phrase “ was false.”

However, as the defendant had already been liable for a considerable amount at the time, and was a bad credit holder, there was no intention or ability to repay the above amount to the victim even after borrowing it.

The Defendant received KRW 2,820,00 from the injured party, namely, from F’s Nonghyup Bank account (Account Number G), and received KRW 5,000,000 on July 6, 201, around August 11, 2010, KRW 20,000 on August 24, 2010, KRW 10,000 on August 24, 201, KRW 10,000 on September 19, 201, KRW 5,000 on or around September 30, 201, KRW 5,000,000 on or around January 30, 201, from each of the above accounts, and received KRW 47,820,000 on six occasions in total.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of the suspect of each police officer against the accused (including cross-examination);

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on the petition of complaint and trading statement;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

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

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] the basic area (six months to one year and six months) (no person subject to special sentencing] of the type 1 (less than KRW 100 million) general fraud;

2. The fact that the amount of punishment by deception is significant and that there is no agreement with the victim, etc. is trying to recover the damage by depositing KRW 26,00,00 for the victim, etc. under the unfavorable circumstances, the fact that there is no record of punishment for the same criminal record, the fact that there is no criminal record exceeding the fine, etc. shall be considered under the favorable circumstances, and the other case shall be taken into account.