A defendant shall be punished by imprisonment with prison labor for up to six months.

However, 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 August 2010, the Defendant stated that “When he imports and sells a household directly in Indonesia, he would benefit from the monthly income of KRW 20 million.” From January 1, 2011 to January 1, 201, the Defendant borrowed business start-up expenses and expenses, he/she would pay KRW 2 million on an average monthly basis, and KRW 10 million on an annual basis.”

However, at that time, the Defendant had no intention or ability to repay the principal and interest by starting a household import and sales business as agreed, because he/she did not borrow money from the victim due to no particular property or income, even though he/she borrowed money from the victim.

As above, on August 6, 2010, the Defendant, by deceiving the victim as above, received seven million won from the victim to the national bank account in the name of the Defendant, and received delivery of KRW 5,100,000 from around that time to January 26, 201, in total, 17 times as shown in the annexed crime sight table.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of E prepared by the police;

1. Application of Acts and subordinate statutes, such as a copy of a bankbook, and inquiry sheet requesting the details of request;

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

1. Article 62 (1) of the Criminal Act;

1. Sentencing Criteria for sentencing under Article 62-2 of the Social Service Order Criminal Act: Fraudulent crimes, general fraud, type 1 (less than 100 million won), imprisonment with prison labor in the basic field, six months to one year and six months, and one year and six months, the Defendant was in cash and used for personal debt repayment, etc. In recent civil cases, the Defendant failed to comply with the agreement to pay 45 million won in cash, 30 million won out of the amount of damage is deemed to have been paid, and there is no criminal history exceeding the fine against the Defendant, and the Defendant’s age, character and conduct, family relationship, criminal records, and the instant case.