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

Punishment of the crime

On February 2, 2017, the Defendant made a false statement to the victim C that “The Defendant would lease two sections (80 books in one section) of the D fishing village village fraternity village licensing site from September 2017 to April 2021, 201 to the victim C at an influent place located in Jari-gun B.

However, in fact, the Defendant did not have the right to use or profit from the 160 Do fishing village fraternity village village fraternity in the size of the 160 Do facilities or to enter into an event contract with the E Union, and the Defendant had already borrowed money from another person and allowed him to use or profit from the money. Therefore, even if he received money from the victim, the Defendant did not have the intent or ability to lease the 160 Do village village village fraternity license site in the size of the 160 Do facilities.

Ultimately, the Defendant, by deceiving the victim as above, received KRW 5 million from the victim on March 4, 2017, around March 9, 2017, KRW 10 million on or around March 9, 2017, KRW 10 million on or around March 24, 2017, KRW 3 million on or around April 6, 2017, and KRW 17 million on or around April 12, 2017, and acquired KRW 15 million in cash on or around April 12, 2017.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A complaint;

1. Application of lease contract, and Acts and subordinate statutes on details of passbook transactions;

1. Reasons for sentencing choice of imprisonment with prison labor, comprehensively, with respect to Article 347 of the Criminal Act and Article 347 of the same Act applicable to the crime;

1. The scope of punishment by law: One month to ten years of imprisonment;

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

3. Circumstances disadvantageous to the decision of a sentence: A normal condition under which the amount of damage is not substantial and the amount of damage is not agreed with the victim: the defendant recognizes his mistake and is against the defendant, and is subject to criminal punishment for the same kind of crime;