The defendant and the victim B are friendly between middle school students and middle school students.

The defendant, around April 13, 2018, at the Kindo's house in the Incheon Michuhol-gu Incheon Metropolitan City's operation of the victim, planned to conduct the victim's business at the site of the new construction of Gangseo-do, Gangwon-do, and there is a lack of business funds.

When lending money, it is possible to make profits more than 10,00 won per month, and the profits will also be repaid.

“The phrase “ was false.”

However, in fact, the defendant thought that he would use the above money for the repayment of other personal debt, so even if he borrowed money from the victim, he did not have any intention or ability to pay the money by doing cream business.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received KRW 10 million from the victim to the bank account (E) in the name of the Defendant on the same day; and (c) received KRW 40 million around July 2, 2018; (b) KRW 27.5 million around December 7, 2018; (c) KRW 30 million around March 25, 2019; and (d) received KRW 47.5 million from the victim to the said account on March 27, 2019.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on account transactions in relation to data related to damage (No. 2 through 9) such as details of financial transactions in a written complaint filed by the police statement in relation to B;

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act (including the cases) and the reason for sentencing selection of imprisonment with prison labor;

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

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] and the scope of the recommended punishment [the scope of the recommended punishment] shall be the general fraud [the type 2], the number of at least 100 million won, the amount of less than 500 million won [the area of recommendation and the scope of the recommended punishment], the basic area of the punishment, one year to four years.

3. The fact that the defendant, who was sentenced to the sentence, made a confession of the crime of this case, reflects the wrongness while making a confession, that the defendant seems to have paid the victim the amount of KRW 13 million, and that it exceeds the same power and fine as the defendant.