On December 2, 2017, the Defendant made a false statement that “A gas station in Seongbuk-gu, Sungnam-gu, Sungnam-gu, would lend money to the victims D, and would pay interest on the second installment of each month by lending money to the merchants of the E market.”

However, even if the defendant received money from the victim, the defendant did not have the intention to lend the money to the merchant, and there was an idea that the defendant would pay his personal debt or use it as the money for the gambling of the race track, so there was no intention and ability to pay the interest of the second half of each month to

On December 6, 2017, the Defendant received a total of KRW 128,00,000,000 from the victim, from around December 6, 2017, including a receipt of KRW 5 million in cash and KRW 10 million in cash, from around May 14, 2018.

Accordingly, the defendant acquired property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Detailed statement of each prosecutor's statement of each prosecutor's office concerning D, copies of bankbooks, materials submitted, such as cashier's checks, details of payment of cashier's checks, reply materials on each request for provision of financial transaction information, and application of the respective Acts and subordinate statutes

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

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The scope of recommendations according to the sentencing criteria (the scope of recommendations and the scope of recommendations) basic areas, one year to four years of imprisonment;

2. Although the Defendant, who was sentenced to a sentence, obtained a lot of money of KRW 128 million from the victim, it is inevitable to sentence a sentence since he did not receive a letter from the victim.

However, the defendant paid a certain amount of money to the victim under the pretext of interest or principal, which is against the defendant, there is no criminal record of the same kind and there is no record of punishment exceeding a fine, and the defendant paid a certain amount to the victim.