On December 27, 2010, the Defendant called the victim B, and received money from the passbook 1.3 billion won in return for a loan from several places, and remitted money to the head of the Tong Tong who was absent from all of the loan and interest. However, in order to recover this money, the Defendant made a false statement that 100 million won will be paid to the interest if the loan is needed.

However, in fact, the Defendant did not have won as Roto 1, and was urged by the bond company to repay the debt even if he received the above money from the victim, so there was no intention or ability to repay the debt to the victim. The Defendant was immediately transferred KRW 3,930,00 from the victim to the passbook in the name of C designated by the Defendant, as well as the transfer of KRW 29,739,000 from December 27, 201 to November 2, 2011.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Investigation report (Submission of details of bankbooks);

Application of Statutes

1. Article applicable to criminal facts;

Article 347(1) of the Criminal Act (generally, choice of imprisonment)