On November 30, 2015, the Defendant stated that “A victim C is residing in the present Ansan, and the workplace intends to move to the water source from the water source, while he/she is residing in the present Ansan-si transfer-dong of Suwon-si.” On November 30, 2015, the Defendant, who borrowed monthly rent, paid the monthly salary and paid the full payment.”

However, the Defendant was planning to use the money received from the victim as living expenses and Internet gambling expenses, and even if the Defendant borrowed money from the victim due to the absence of any income or property other than monthly pay of KRW 2.5 million each month, it did not have the intent to repay the money.

The Defendant received KRW 5,00,000 from the victim’s national bank account (D) in the name of the Defendant on the same day, and received KRW 45,060,000 from around that day to January 27, 2016, totaling KRW 45,000 from around seven occasions, such as the statement in the list of crimes in attached Table, from around that day.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

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

1. Article 347 (1) of the Criminal Act applicable to the crimes under relevant Articles of the Criminal Act;

1. From among concurrent crimes, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes, the defendant led to the confession of the crime of this case, the defendant did not reach an agreement with the victim, and the victim submitted a written application to the effect that the defendant wants to punish the defendant's severe punishment: Provided, That after the prosecution of this case, the defendant's deposit with the victim of this case, the defendant's suffering from tuberculosis, etc. and other circumstances such as the defendant's age, occupation, family relation, and economic situation are not good, and the punishment shall be determined as ordered within the scope of the standard (basic area: June - January 6) and the sentence shall not be binding in this court to give the defendant an opportunity to agree with the victim.