Around July 2017, the Defendant made a false statement to the effect that “D” operated by the victim C in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, would have to grant a patent for the earthquake-resistant design to the victim and work together with a corporation, and would have a director. Monthly pay would be KRW 400-5 million per month.”

However, in fact, the Defendant borrowed money from the victim to repay resistant design patents and personal debt unrelated to the establishment of a corporation. At the time, the Defendant did not have any intent or ability to repay the money even if he borrowed money from the victim due to the circumstance where he borrowed money from the Credit Counseling and Recovery Service due to the unpaid bank loans and credit card use fees due to the failure of past business failure.

Nevertheless, around September 15, 2017, the Defendant, by deceiving the victim as above, received three million won from the victim to the post office account under the name of the Defendant (E).

In addition, the Defendant received a total of KRW 54,060,000 from that time until February 28, 2018.

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

Application of Statutes

1. Relevant Articles of the Criminal Act and reasons for sentencing under Article 347 (1) of the Criminal Act of the option of imprisonment for a crime;

1. The basic area (six months to one year and six months) of the recommendation type according to the sentencing criteria; and

2. Determination of sentence: A majority of criminal records are imposed for a period of six months disadvantageous to a victim: the same criminal records are included in the sentence, and the criminal records are six times or more, the victim deceivings the victim by deceiving him/her to lend money in connection with a patent, and uses the money to repay personal debts, living expenses, etc., and the circumstances favorable to the escape that he/she had known that criminal procedures are in progress: The defendant would have returned 2,700 won to the victim, and the defendant's age, character, character, environment;