A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Punishment of the crime

The Defendant stated that “The victim D would be repaid within several days, as he would have tried to purchase an additional business asset,” in the case of Homan C located in the Homan-si B.

However, in fact, the Defendant was in the state of business run at the time, and was individually liable for 700 million won, and was thought to use the borrowed money for the repayment of the debt, the accounts receivable from the customer, and living expenses, so there was no intention or ability to pay the borrowed money from the victim.

As above, the Defendant received KRW 100,000,000 from the victim by deceiving the victim as above, and received KRW 50,000,000 in cash, KRW 10,000,000 around January 30, 2014, and KRW 10,000,000 from the E Bank Account (F) in the name of each Defendant, on April 22, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by the prosecution (including the statement section of D);

1. Investigative report-A Verification of details of account transactions in the name of the E-A;

1. Application of Acts and subordinate statutes to replys, replies, notarial deeds and account transaction statements;

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: Ten years from imprisonment to imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines (a decision of type) (a decision of type) shall be limited to 10 million won or more for general fraud, and no person who is less than 500 million won (type 2) (a special person) (a decision of type) shall be sentenced to imprisonment for one year to 4 years (basic area).

3. The Defendant, as if he/she were to purchase a business in a business entity operated by himself/herself, had the victim deceptioned to use the above money to repay the accumulated debts with the amount of KRW 100 million from the victim acquired as the borrowed money. In light of the method, mode, scale, etc. of the crime, the crime is highly likely to be committed.