A defendant shall be punished by imprisonment for six months.

An application for remedy by an applicant for remedy shall be dismissed.

Punishment of the crime

On February 27, 2012, the Defendant made a false statement to the victim B’s house located in Suwon-si, Suwon-si, stating that “If the Defendant borrowed KRW 40 million of business capital, the Defendant would pay the interest on the 27th day of each month on the 27th day of a month, and would repay the principal by October 27, 2012.”

However, the facts indicate that the Defendant did not have any money at that time, and that it was difficult to maintain the financial status due to the Defendant’s failure to perform his/her own business with the money borrowed from the victim, not with his/her own business, but with the amount of KRW 20 million, and the remainder of KRW 20 million was thought to be consumed by the Defendant due to his/her living expenses, etc., so even if he/she borrowed money from the victim, there was no intention or ability to pay the interest and the principal as agreed upon.

The Defendant, as such, by deceiving the victim, received cash of KRW 40 million from the victim on the same page as the borrowed money.

Summary of Evidence

1. Application of the Acts and subordinate statutes on cash custody of the witness D's statement, recording, recording, recording, and recording in the third protocol of the trial of the witness B and E in the second protocol of the trial of the defendant (which is on the sixth public trial date);

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Reasons for sentencing of Articles 25(3)3, 32(1)3, and 32(2) of the Act on Special Cases concerning the Dismissal of Application for Compensation Order and the Promotion, etc. of Litigation (in cases where the defendant partly repaid the money to the victim, and it is recognized that it is inappropriate to issue a compensation order because the scope of liability to compensate the defendant is unclear

1. Scope of applicable sentences under law: From one month to ten years of imprisonment;

2. The scope of recommendations on the sentencing criteria [decision of types] the basic area [decision on the recommended area] of types 1 (less than 100 million won) (decision on the recommended area], the basic area [the scope of recommendations] shall be sentenced to six months to one year and six months.

3. Determination of sentence: Imprisonment with prison labor for not less than six months, the age, character and conduct, environment, and motive of committing the crimes.