On March 14, 2012, the Defendant made a false statement that “A victim C, who had a relationship of interest in a public market located in Kimpo-si B, has been punished due to drinking driving, and the fine was fully paid with the loan, but the money was insufficient to repay the principal due to the maturity of the loan.” However, the Defendant borrowed money to pay the company retirement pay to the company within one month.”

However, in fact, the Defendant did not have been punished at the time, and did not receive retirement allowances, and the Defendant did not have any intent or ability to pay the monthly interest, even if he borrowed money from the victim, because the Defendant had a large amount of debt to pay the monthly interest of one million won due to the financial institution loans, including the third financial right without the property under the name of the Defendant.

As such, the Defendant, by deceiving the victim, received KRW 5 million from the victim to the bank account under the name of the Defendant on March 15, 2012. From that time, the Defendant received a total of KRW 57,200,000 from September 5, 2016, including transfer of KRW 12,00,000,000 from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against C;

1. Each police statement of C;

1. Application of the statutes on the lending of Stockholm letters, account transaction agreement, and account transaction details by suspect bank account;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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

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

2. The scope of recommendations according to the sentencing guidelines [decision of types] and the general fraud [type 1] and no person who is less than KRW 100 million [the scope of recommendations and recommendations] (the scope of recommendations and recommendations] and the basic area of recommendations, six months to one year and six months;

3. Determination of sentence: The specific circumstances described below in the imprisonment of eight months and the age, character and conduct, environment, motive and circumstances of the crime.