On January 3, 2017, at around 10:30, the Defendant made a false statement to the effect that “The Defendant would supply the closure collected on the real property after the opening of the former deposit if the Defendant borrowed KRW 22,00,000 from the former deposit.”

However, in fact, the Defendant did not have a plan to operate a secondhand shop at the time, and there was no certain place of work or income, and thus, even if borrowing money from the victim, it was thought that it would be used as living expenses, etc., and there was no intention or ability to deliver the money to the victim

Ultimately, the Defendant, by deceiving the victim as above, received KRW 22 million from the victim to the Daegu Bank Account (E) in the name of the Defendant around 15:12 on the same day.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. Statement to C by the police;

1. Application of loan certificates, specifications of transactions, recording records, and statutes governing field photographs;

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

2. The scope of recommendation [decision of types] according to the sentencing guidelines and there is no person who is less than KRW 100 million [the category 1] (the scope of recommendation field and recommendation range] and the basic area of recommendation [the scope of recommendation field and recommendation range], six months to one year and six months.

3. Determination of sentence: The sentence shall be determined as per the order, comprehensively taking into account all the sentencing conditions shown in the records of the instant case, including the fact that the Defendant escaped to the Philippines in August, rather than making efforts to recover damage, and the background of the instant crime, the details of deception, the amount of damage, the age, happiness and health of the Defendant, and the living conditions of the Defendant.