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

Punishment of the crime

The Defendant is an infinite person who operates the house of "D" in the B building C of the Mayang-gu Mayang-si.

Around December 6, 2018, the Defendant made a false statement to the effect that “The Defendant would pay money by real estate” to the victim E, a guest who was found in the above occupation house, and return the principal to the victim by adding KRW 100 million to the principal by December 27 of the same month.”

However, even if the defendant received money from the victim, he was thought to use it for the repayment of the existing debt, and there was no intention or ability to pay the principal and the profits to the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received 63 million won from the victim to the new bank account in the name of F.

Although the Defendant continued to have had the intent or ability to return money to the victim due to the above circumstances, the Defendant’s false statement to the effect that “h million won will be added to the above new bank account” by putting the phone to the victim on or around the 18th of the same month, and that it is necessary to make money to be added to KRW 7 million from the victim, and on December 28, 2018, due to the issue such as “the telephone to the victim,” etc.

‘Falsely speaking to the purport, ‘the sum of KRW 85 million was acquired through fraud on three occasions, such as receiving KRW 15 million from the victim to the said new bank account.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders have the record of having been punished for the same kind of crime including imprisonment with prison labor, and in addition, even during the period of suspension of execution, the crime of this case was committed, the amount of damage reaches KRW 85 million, and is not agreed with the victim, and the defendant intends to gain profits in a short period.