On October 27, 2015, the Defendant made a false statement to the effect that “The Defendant would pay the victim C interest of KRW 10,000,000 on a loan of KRW 20,000,000 to him/her, and promptly repay the said money by getting another person to pay the said money.”

However, the defendant had no intention or ability to pay normally the agreed interest or principal to the victim because he had already lent money from many people with no special property or income, and had been prevented from returning the repayment of the existing obligation.

Nevertheless, the Defendant, as seen above, obtained a total of KRW 166,050,000 from four victims through the same method from June 2013 to November 10, 2016, as indicated in the list of crimes, including the deception by deceiving the victim and obtaining 20,000,000 won from the victim on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D, E, F, and C;

1. Application of Acts and subordinate statutes to the details of each account transaction (the No. 3,8,9 of evidence list);

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

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of the recommended punishment] [the grounds for sentencing under Article 38(1)2 and Article 50 of the same Act / [the scope of the recommended punishment] shall be determined as indicated in the text of the Criminal Act, taking into account all the circumstances of sentencing, including the following: (a) there is no rise in the first step [the person subject to special sentencing] of the same type of concurrent crimes as a result of combined crimes; (b) there is no history of punishment exceeding the fine for the same kind of crime; (c) there is no history of punishment exceeding the fine for the same crime; (d) the amount of fraud;