On November 2014, the Defendant, at the main point of the trade name “D” operated by the Defendant, who was at the Seocho-si, Young-si, Gaman C, 129, told the victim E to make a false statement that “When the principal owner lends KRW 20,000,000,000 to the Defendant, the Defendant would immediately pay the deposit amount for an apartment that he had received, such as the time limit, after one month.”

However, even if the Defendant borrowed money from the victim, he/she thought that he/she would use the money for the repayment of his/her personal obligation and cost of living. The personal obligation borrowed from the son was equal to KRW 100 million, and there was no time limit for the payment after one month, and the above main point operated by the Defendant was sufficient to pay monthly rent, so the Defendant did not have any intent or ability to pay the money even if he/she borrowed money from the victim.

Around November 10, 2014, the Defendant, by deceiving the victim as above, took over KRW 19.2 million through a new bank account (Account Number: G) in the name of F, the mother of the Defendant, who is managed by the Defendant, from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes to each loan certificate, respective letters of transactions and copies of transactions;

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act (Optional to Imprisonment) concerning the punishment;

1. The scope of punishment by law: Imprisonment with prison labor for not more than ten years;

2. Application of the sentencing guidelines (decision of type), fraud, general fraud, and type 1 (less than KRW 100 million) (no person specially punished) (the scope of punishment by recommendation), basic area of punishment, June of imprisonment, and June of one year and six months;

3. Determination of sentence: Imprisonment with prison labor for eight months or more shall not be less than a stay of execution and there shall be family members, such as children to support;

The amount of damage is the same as the judgment.

However, according to the victim's statement in the court of law, the defendant did not make efforts to recover from damage, and instead took the victim's body for a six-month period of imprisonment.