On July 11, 2015, the Defendant discussed sports discussions with the victim’s side importation at the “E” singing point of the “E” operation of the victims of sexual intercourse with the Defendant located in Asan-si, Asan-si.

If money is collected from many people and the winning rate is good, the principal and the profits will be given if money is lent.

Even if the winning rate is not good, the principal will be returned.

“.....”

However, at the time of fact, the Defendant did not have any intent or ability to repay the amount borrowed by the Defendant to the lending company with the amount of KRW 15 million, and the Defendant did not have any intent or ability to repay the amount borrowed by the Defendant with the sports soil.

The Defendant, as above, was delivered KRW 50,000,000 from September 29, 2015 to 16 times, as shown in the List of Crimes, from the time of deceiving the victim and receiving KRW 1.5 million from the victim’s account in the name of the Defendant’s bank account.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in D in the protocol concerning the examination of the accused by the prosecution;

1. Statement made by the police against D;

1. The loan certificate;

1. Recording records;

1. The parties’ Kakao Stockholm dialogue and the parties’ letters

1. Application of Acts and subordinate statutes to details of account transactions and statement of account use under suspect's name;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The scope of recommended punishment according to the sentencing guidelines [the types of punishment shall be determined] general fraud, type 1 (less than KRW 100,000) (based on the aggregate of gains) [the person subject to special mitigation] also has a considerable responsibility for the occurrence of crimes or the expansion of damage to victims [ the scope of recommended punishment], the area subject to mitigation of punishment, and not less than one month but not more than one year;

2. The defendant who was sentenced to criminal punishment before the instant case has no record of criminal punishment;

After the closure of the pleadings in this case, the Defendant paid the victim KRW 15 million and partly restored the damage.