A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

1. In the case of fraud, the Defendant: (a) around 14:00 on November 28, 2014; (b) around 14:0, Masan-si, Masan-si; (c) at the victim D’s residence; and (c) at the victim D’s residence, the Defendant needs to pay the hospital expenses incurred by her mother

The card shall be repaid immediately and shall be repaid within one month at the latest, if it is lent 2 million won as the card is bound.

“A false representation was made.”

However, since the beginning of 2014, the Defendant was unable to pay monthly rent for the window dressing store due to the aggravation of the management status of the window dressing store operated by the Defendant, and even before the aggravation of the window dressing store management, the Defendant was required to use the loan amounting to KRW 150 million for the opening of the window dressing store business. Therefore, even if the Defendant borrowed money from the damaged party, there was no intention or ability to repay the money.

The Defendant received a total of KRW 49,924,90,00 from the damaged party to April 30, 2015, including the remittance of KRW 1.8 million from the damaged party to the same place, and received a cash transfer of KRW 49,924,90 through 21 times, as shown in the List of Crimes.

2. 문서 손괴 피고인은 2015. 4. 30. 19:00 경 창원시 마산 합포구 E에 있는 피고인의 언니 F이 운영하는 상호를 알 수 없는 입시학원 원장실에서, 피해자 D이 피고인에게 빌려준 돈을 변제 받기 위해 F에게 피고인이 작성하여 피해자에게 교부한 피해자 소유인 차용증을 보여주자 이를 낚아챈 후 찢어 버려 손괴하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made with respect to D prepared by a public prosecutor;

1. Investigation report ( telephone conversations with H by the manager of a commercial building in a G cafeteria);

1. Application of Acts and subordinate statutes on a copy of passbook;

1. Article 347(1) of the Criminal Act (the point of fraud) and Article 366 of the Criminal Act (the point of destruction of documents) and the choice of imprisonment with prison labor, inclusive, with respect to the relevant criminal facts;

1. The instant crime on the grounds of sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes was committed from around November 28, 2014.