The defendant is a person who has no fixed occupation.

While the Defendant had a debt of KRW 3-40 million, the Defendant did not have any intent or ability to repay money from the victim C even if he borrowed money from the victim C because there was no certain income or property.

Nevertheless, on July 19, 2010, the defendant needs to set money to the game room in the victim's E in the Dong-si D Building, and if the game room lends 25 million won as the profitability is good, 300,000 won is paid for each month interest, and if the principal is required to pay money, the principal will be repaid at any time if the talk is made before 1-2 months.

Therefore, on July 19, 2010, the Defendant received 25 million won from the victim by using the F’s Suhyup account.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the Suhyup Accounts, Transactions Details Inquiry;

1. According to the pertinent legal provisions on criminal facts, Article 347(1) of the Criminal Act regarding the selection of punishment, and the sentencing guidelines for sentencing sentencing for imprisonment, six months to one year is recommended to the Defendant [no person shall be subject to a recommendation of the basic area of the type of crime (no person subject to a special punishment). It is considered that no recovery from damage was made, and that the victim wanted to be punished by the Defendant, which is disadvantageous to the Defendant.

However, considering the fact that there is no criminal history of the same kind of crime, the sentencing factors for the defendant shall be considered, and the same sentence as the order shall be determined by considering all kinds of sentencing factors including