A defendant shall be punished by imprisonment with prison labor for four months.

Punishment of the crime

Around 10:00 on February 10, 2019, the Defendant made a false statement to the victim B by phone calls to the victim B, that “In the Republic of Korea, the Defendant would have served as the head of the CA company. It would enable the C company to carry out construction of the officetel floor for 28 households newly built in the C Company. The Defendant would return money later because 10% of the construction amount can be entered into a contract as a down payment in the form of a deposit.”

However, there is no officetel being newly built in the C company, and the Defendant was at least 4 billion won of the monthly interest worth 3 billion won at the time of the bank loan, and there was no other income than rent, under economic difficulties to the extent that the interest of the bank loan could be delayed. Since the money received from the victim was thought to be used for repayment of other debts, there was no intention or ability to allow the victim to construct the floor, or return the money received from the victim as the deposit for performing the contract.

As above, the Defendant, by deceiving the victim, received 3.1.6 million won from the victim to the account under the name of the C on February 25, 2019, and acquired 2.1.6 million won from the account under the name of the Defendant on March 12, 2019 to the account under the name of the Defendant on March 12, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A complaint;

1. Application of Acts and subordinate statutes of one copy of a detailed statement of transactions of entry and withdrawal;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting the crime, Article 347 (1) of the Criminal Act selection of the penalty, and reasons

1. Scope of punishment by law: One month to ten years;

2. The scope of recommendations according to the sentencing guidelines [decision of types] and the scope of fraudulent crimes [type 1] and there is no person who is less than KRW 100 million [the scope of recommendations and recommendations] (the scope of recommendations and recommendations]. The basic area of recommendations, six months to one year and six months.

3. The Defendant, as if he were to subcontract the floor re-construction of a new officetel, by deceiving 5,160,000 won in total.

There is money in the absence of the construction work of officetels.