A defendant shall be punished by imprisonment for not less than eight 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 November 1, 2011, the Defendant shown that the Victim B had the ability to arrange for the victim to be engaged in the work of transporting soil and rocks coming from the above tinsan to the Saemangeum Construction Site, etc. On or around December 1, 2011, the Defendant stated that “A company D, which is located in the former Northern-gun C, in the office of a limited company D company located in the former Northern-gun, Seoul, that “it is located in the military mountain and intends to move the opening of the mar to the Saemangeum. There is no agreement with the owner on the land and the expenses are needed to move the opening of the mar to the Saemangeum. It is necessary to lend money to be given in the house.”

However, on February 2, 2010, the Defendant did not have any intent or ability to repay the borrowed money to the victim because there is no particular property, such as delinquency in the payment of the tax amount of KRW 5,130,000, and even if the Defendant borrowed money from the victim, the Defendant did not have any intent or ability to arrange the victim to work at the construction site

Around December 1, 2011, the Defendant, by deceiving the victim as such, obtained 20 million won from the victim’s E bank account (F) from the victim and acquired 20 million won from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. A complaint, an authentic deed, or a loan for consumption;

1. A statement of remittance transactions for victims, and a statement of entry into and departure from the suspect E bank account;

1. Application of personal credit information inquiry statutes;

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

1. The execution of a sentence shall be suspended by taking into account the following factors: (a) the amount of damage caused by sentencing under Article 62(1) of the Criminal Act; (b) the Defendant paid the amount of KRW 2.5 million to the Defendant; (c) the Defendant did not have any criminal record for the same kind of crime; and (d) there was no record of punishment specifically

In addition, the defendant's age, character and conduct, environment, motive, means and result of the crime, the circumstances after the crime, etc. are considered as the order.