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

Punishment of the crime

On October 2015, the Defendant, at the office of the D Co., Ltd., a victimized company located in Sungnam-si, Sungnam-si, Ma, the representative director of the D, who is the above D, shall pay the D money in return for the payment of the unpaid money to the party.

In doing so, money was lent to another customer who is superior to the funds prior to the meeting, so that the purchase price of materials is required to be paid. It was false as follows: D’s funds are borrowed.

However, even if the Defendant borrowed money from the victimized company, he did not think that it was used as the purchase price of materials from the customer. Rather, he was planned to use it for the repayment of personal debt to E, and even if he borrowed money from the victimized company without any specific property at the time, he did not have the intention or ability to repay it.

Nevertheless, on October 15, 2015, the Defendant, by deceiving E, the representative director of the victimized Company, received 117,931,000 won from the victimized Company to the Defendant’s account under the name of the Defendant as the borrowed money and acquired it by defrauded.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written request for delivery or a certificate of borrowing money;

1. Application of Acts and subordinate statutes on transaction details and account transaction details;

1. The reason for sentencing of the sentence of imprisonment under Article 347(1) of the pertinent Article of the Criminal Act regarding the crime, the reason for sentencing of the sentence [the scope of the recommended sentence] of general fraud [the amount of damage (one to four years) in the basic area (one to one hundred million won), and the amount of damage (one to four years), the amount of damage has not been paid, the amount of damage has not been paid, and the victim has been relieved of the amount of severe punishment.

However, it is advantageous to the fact that there is no record of the same crime, the fact that there is no record of the crime, and the fact that the representative of the victimized company has reached the crime of this case in order to repay the previous obligation to the representative of the victimized company.

However, the defendant's age, occupation, sex, family relationship, living environment, and circumstances leading to the crime.