A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On December 30, 2014, the Defendant told the victim E to the D cafeteria located in Dobong-gu Seoul Metropolitan Government that “I will lend KRW 30 million to the victim E and make repayment after opening the d cafeteria store in the Seodaemun-gu Seoul Metropolitan City.”

However, around that time, the Defendant had no income, and had difficulties in living with the previous card loan obligations of KRW 60 million. Even if he borrowed money from the victim, the Defendant had no intention or ability to repay the money by opening the decentralization as if he said, because it had been used for the personal living expenses and the business of "the prize of China" with the aim of using the money from the victim.

On January 14, 2015, the Defendant, by deceiving the victim as such, received KRW 30 million from the victim, for the purpose of opening a branch office.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347 (1) of the Criminal Act, and the choice of punishment for the crime;

1. Standard for sentencing the reasons for sentencing under Article 62(1) of the suspended sentence under the Criminal Act / [type] Fraud / [Scope of recommended punishment] mitigated area (one month to one year) - Special mitigated person: there is no record of crime exceeding a fine for decision-making of a sentence not to punish a defendant; the victim was the wife of the defendant; the victim was in de facto marital relationship with F after divorce; the victim did not want the punishment of the defendant; and the defendant was committed against himself/herself while he/she led to a confession.