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

On December 13, 2011, the Defendant stated that “A main point in the operation of the Defendant, located in Gwangju Northern-gu, would be repaid immediately if he/she lends money to the victim D in personal circumstances to him/her.”

However, in fact, the Defendant was liable to pay KRW 100 million at the time, and the Defendant was operating the said tenant bank, but the income was insufficient to pay the interest on the bonds, so there was no intention or ability to pay the amount even if it was borrowed from the victim.

As such, the Defendant, by deceiving the victim as such, received 4 million won from the victim under the name of the Defendant for the same day as the borrowed money, and received from the victim to the account in the name of the Defendant from May 14, 2012, and received from the victim a total of 30 million won under the name of the borrowed money from the victim four times in the same manner as indicated in the list of crimes in attached Form 14 to May 2012.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the protocol concerning the interrogation of the accused by the prosecution;

1. Each statement made by the police in each protocol made to D;

1. Application of each statute to include a detailed statement of each deposit transaction and a copy of the statement of self-reliance deposit transaction;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. The sentencing criteria [the scope of the recommended punishment] and the sentencing criteria [the range of the recommended punishment] set forth in the category 1 (less than KRW 100 million) and the mitigated area (one month to one year) are not subject to the punishment;

2. Although the defendant has been punished several times for the same crime and the amount of damage is not certain, the sentencing conditions indicated in the records, such as the age, occupation, family relationship, and circumstances before and after the crime, including the fact that the victim does not want the punishment of the defendant by agreement with the defendant, are considered as ordered.