The Defendant around early April 2014, at C stores located in Gangnam-gu Seoul Metropolitan Government, intends to guarantee the principal and to pay half of profits by lending money to the victim D.

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However, the Defendant is a person with bad credit standing who has no certain income or other property, and it was difficult to pay mobile phone expenses at the time, and there was no intention or ability to pay such expenses even if he/she borrowed money from the injured party, since he/she was unable to make a report only on losses due to investment in futures for about ten years.

The Defendant, as seen above, received KRW 9,350,00 from the injured party to the Japanese bank account in the name of E around April 8, 2014 from the injured party, and received KRW 46,120,00 in total from the injured party under the pretext of the borrowed money without any intent or ability to repay from March 24, 2015, as shown in the list of crimes in the attached Table of Crimes.

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 written complaint and petition;

1. Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. The basic area (6 months to one year and six months) of the punishment (6 months to one year and six months) of the punishment for concurrent crimes (the scope of recommendation) under the former part of Article 37, Article 38(1)2, Article 50 of the Criminal Act, Article 18(1)2, Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, and Article 1, 2, and 3 of the Act on the Aggravated Punishment of Concurrent Crimes (the scope of punishment is less than 100 million won) shall be determined as per the order, taking into account the following circumstances: six months to two years [the decision of punishment]; the defendant acquired the victim several times; the damaged amount is not small; the defendant is not restored; the defendant is against the defendant; the defendant is punished only once by a fine; the defendant's age, sex, environment, motive and circumstances of the crime, etc.;