A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

On July 23, 2012, the Defendant made a false statement to the victim C, stating, “A Fund is required to accept the D Association. If the Defendant borrowed KRW 150 million to the D Association, he/she will accept the said D Association within one month, repay the money, and recommend the Party as the president of the said D Association.”

However, even if the defendant borrowed money from the victim, he was thought to use it for the repayment of other borrowed money, and he did not have the intention or ability to accept the above safe.

The Defendant received 150 million won from the victim to the cashier's checks, namely, from the victim.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes governing a loan certificate, letter, written confirmation, each undertaking, and cash custody certificate;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Reasons for sentencing selective sentence of imprisonment with prison labor;

1. Scope of punishment by law: Imprisonment with prison labor for not more than ten years;

2. The scope of recommendations on the sentencing criteria [decision of types] the general fraud [type 2] and above KRW 100 million, less than KRW 500 million [the scope of recommendations and recommendations] and the basic area of recommendation [the scope of recommendations and recommendations], one year to 4 years.

3. Determination of sentence: In full view of all the circumstances, such as the age, character and conduct, environment, relationship with the victim, motive means of the crime, result of the crime, circumstances after the crime, etc., the sentence shall be determined within the scope of the recommended sentencing criteria set forth in the sentencing guidelines.