A defendant shall be punished by imprisonment for six months.

except that 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

On January 31, 2012, the Defendant made a false statement at the victim C’s residence located in Gangdong-gu Seoul Metropolitan Government, stating, “The Defendant shall pay back without mold even if he deducts the deposit of the house that he lives in the same way as the previous ones from the deposit of the house that he lives in the same way. Even if he/she disposes of his/her family, he/she shall not be absolutely renewed even if he/she abandons his/her family.”

However, the facts are that the defendant has maintained internal relations with the victim as the father and the defendant did not have any intention to care for the family, and even if he borrowed money from the victim, he did not have any intention or ability to pay it.

As above, the Defendant, by deceiving the victim as above, obtained the victim’s DNA card in the name of the victim from January 31, 2012 to January 24, 2013, and used KRW 7,223,415 as living expenses between around January 31, 2012 and around January 24, 2013, and acquired the financial benefits equivalent to KRW 60,945,575 over 48 times in total as shown in the attached crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on investigation and recording recording;

1. The accused's note, note of payment;

1. Application of Acts and subordinate statutes on details of passbooks;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of applicable sentences under law: From one month to ten years of imprisonment;

2. Application of the sentencing criteria [Determination of Types 1 (less than KRW 100,00) of general fraud [Special Fluor] Reduction element: In a case where a person intentionally commits a deceptive act, or where the degree of a deceptive act is weak, a case where the amount of the punishment is not paid or the amount of the fraudulent act is recovered from the amount of the punishment, [the scope of the recommendation field and the recommendation type] special mitigation range, one month to one year [the suspension of execution] major reasons for the fraudulent act [the suspension of execution]: In a case where a person intentionally commits a deceptive act, or where the degree of the deceptive act is weak, the amount of substantial damage is considerably small or considerable damage is recovered, the amount of the punishment is not paid three.