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 May 19, 2015, the Defendant made a false statement to the effect that “The Defendant would have to deposit money to the Defendant with the Company, and would have to receive goods from the Customer three months after lending money to the Company,” within the victim’s string vehicle located in the front of the parking lot of the vehicle registration office in Sinpo City, Mapo City, 197, Sinpo City, Mapo City, 197, around August 19, 2015.”

However, in fact, the Defendant was not a company operating E in 2010 and discontinued its business due to bankruptcy, and there was no particular property or income, and the cost of living for supporting the wife and two children was required to be more than 4 million won per month, and the Defendant had the outstanding claim amounting to 58,337,228 won in total at the place of the previous customer 3, but it was not clear whether to recover the outstanding amount has been repaid every year. Thus, even if the Defendant borrowed money from the damaged party, there was no intention or ability to repay it.

As above, the Defendant: (a) by deceiving the victim; (b) obtained 30 million won from the victim in front of the check (F, G, and H) under the name of the same day from the victim; and (c) obtained 30 million won in total from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to certificates of process, certificates of attempted balance, written requests, contracts, estimates, details of each transaction, verification of facts, requests for cooperation in investigation, response to investigation, application of all matters to be registered;

1. Article 347 (1) of the Criminal Act, the choice of punishment for the relevant criminal facts, the choice of punishment, 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. Class 1 (not more than KRW 100,00) area to be mitigated (one month to one year), the scope of the recommended punishment is general fraud (a case where considerable damage has been recovered);

2. The fact that the Defendant committed the instant crime by using the subparagraphs of the victim who was sentenced to sentence, and the nature of the offense is not good, and the fact that the Defendant was unable to receive a letter from the injured party even though the injury is serious is disadvantageous.

(b).