On March 13, 2019, the Defendant stated that “The Defendant shall repay the victim D money within one week from the lending of money to the victim D, which is urgently needed.”

However, even if the defendant borrowed money from the damaged party, the defendant did not have the intent or ability to repay the borrowed money.

As such, the Defendant, as described in the List of Crimes, by deceiving the victim and receiving KRW 5 million from the damaged party as the borrowed money, received or remitted the total sum of KRW 41.6 million from around that time to October 1, 2019 as the borrowed money.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to details of entry and departure transactions, inquiries about details of transactions, loan certificates, and text messages printed out;

1. Reasons for sentencing under Article 347 (1) of the Criminal Act, comprehensively including relevant legal provisions and the choice of punishment for the crime;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [type of determination] The general fraud [type 1] and there is no person who is less than KRW 100 million [the scope of the recommended punishment] [the territory of recommendation and the scope of the recommended punishment]. The basic area of the recommendation and the scope of the recommended punishment], six months to one year and six months [the general sentencing person] - Use of personal trust relationship [the grounds for suspension of execution] - Use of personal trust relationship [the reasons for suspension of execution] - There is no criminal conviction or heavier than the suspension of execution - There is no general illegal reason - there is no strong reflect or no effort to recover

3. Determination of sentence: Determination of sentence of imprisonment with prison labor: Determination of sentence of 40,160,000 won is made by taking advantage of the confidential relationship between the injured party in the month of eight months and then the injured party has not made any effort to compensate for the damages up to the present day; thus, the punishment cannot be considered to be light. However, determination of sentence is made within the scope of recommendation for sentencing by taking into account the fact that there is no history of imprisonment without prison labor or