A defendant shall be punished by imprisonment for four months.

Punishment of the crime

The Defendant is a person who operates a travelr with the trade name “C” from the Gunsan-si B and the 2nd floor.

Around April 23, 2018, the Defendant made a false statement to the victim E, who became aware of in the above C, the land-person D, stating that “The travel expenses are less than KRW 20 million, as travel expenses are insufficient. If the travelr is a woman, the travelr will immediately enter the travel, and will pay the travel within one month.”

However, in fact, while the Defendant had a debt of approximately KRW 72 million, there was no particular property or income, there was no intention or ability to repay the borrowed money to the victim only with money received from the victim, and there was no intention or ability to repay the borrowed money.

As above, the Defendant, by deceiving the victim, obtained a credit card in the name of the victim on the same day from the 24th day of the same month to the 26th day of the same month, and by making a total of 8,005,400 won, and acquired the total of 20,305,400 won through the same three occasions as indicated in the “crime List” from that to May 6, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Part concerning D's statement in the police interrogation protocol against the defendant

1. Application of Acts and subordinate statutes concerning police statements to E;

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. Reduction elements of less than KRW 100,00 (special-purposes) (type 1) of fraud according to the sentencing guidelines: In cases where a person intentionally commits a deceptive act in an incomplete manner or the degree of deception is weak (the recommended field and the scope of recommendations), reduction area, and one month to one year;

3. Determination of sentence: A punishment for the same kind of crime shall be imposed on the fact that the defendant in April recognizes all of the crimes, and that it cannot be seen that he/she committed with planned intention.