The Defendant had no intention or ability to transfer celhers even if he/she received money from the victim D because he/she did not leave curhers with curhers in complete, and he/she did not have any claim against the owner of curhers.

Nevertheless, on March 30, 2012, the Defendant called the victim by phone and read to the victim, that “The Defendant lent KRW 80 million to the Plaintiff after the payment. If the payment is not made, the Defendant would transfer the above her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written confirmation of the results of electronic financial transfer;

1. Application of Acts and subordinate statutes to deposits without passbook, loan certificates, and certified copy of the register;

1. The grounds for sentencing [the scope of recommending punishment] of the punishment of Article 347(1) of the Criminal Act and Article 347(1) of the choice of punishment [the grounds for sentencing of imprisonment] [the scope of recommending punishment] of the basic area (6 to 100 million won) of types 1 (6 to 100 million won) [the decision of sentencing] - one year of imprisonment] - the defendant committed the crime of this case during the period of suspension of execution, even though he had the record of being sentenced to a suspended sentence of two years for a year of imprisonment for fraud in the support of the Gwangju District Court in Gwangju Maritime Court on July 15, 2010, even though he had the record of being sentenced to a suspended sentence of two years for a crime of fraud, the damage amount of this case is a total amount of KRW 9,14 million and the defendant has not taken any measures to recover damage of the victim, and the defendant shall be determined as ordered in consideration of the age, character