On September 2018, the Defendant lent the principal amount of KRW 25 million to the victim B (the age of 45) by using a mobile phone to the victim B (the age of 25) in a non-permanent place, and when the victim borrowed the principal amount of KRW 25 million to the victim B (the age of 45), he/she would lend it to the child, and to pay interest of KRW 500,000 per month to the second son. Within 3 months, he/she would recover the principal.) and made a false statement as if he/she would recover the principal amount within 3 months.

However, in fact, the defendant thought that he would use the money received from the victim as a cost for the performance of the contract through a bound C, so even if he received KRW 25 million from the victim, he would lend it to another person and receive interest thereon, and there was no intention or ability to recover the principal within 3 months.

Nevertheless, on September 7, 2018, the Defendant, by deceiving the victim as above, obtained KRW 25 million from the account in the name of the Defendant on September 7, 2018, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes on details of transfer;

1. Article 347(1) of the Criminal Act related to the relevant criminal facts, Article 347(1) of the Criminal Act of the choice of punishment, and the reason for sentencing imprisonment with prison labor in this case, the fact that the injury suffered by the victim was not recovered properly, etc

On the other hand, the fact that the defendant is the first offender is favorable.

Each of the above circumstances shall be sentenced to the same sentence as the disposition, comprehensively taking into account all the circumstances that form the conditions for sentencing as shown in the records and pleadings, including the defendant's age, family environment, and the background of the instant crime.