A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On October 2013, the Defendant calls to the victim B at an influence place and calls to the victim B for “the cost of purchasing pented construction materials.”

A loan of KRW 20 million shall be used only for three months and shall be repaid after the lapse of three months.

“A false statement” was made.

However, in fact, the Defendant did not have any intent or ability to repay the construction cost within three months even if he borrowed the money from the injured party, as he did not receive the payment of the construction cost properly from the contractor.

Around December 10, 2013, the Defendant, by deceiving the victim, received money from the victim to C bank account under the name of the Defendant and acquired money from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against B;

1. Response to credit information;

1. The details of each account transaction [the defendant and the defense counsel need to pay the cost of purchasing the fenced construction materials at the time the defendant borrowed money from the damaged person.]

It is not limited to “the fact that there is a need for personnel expenses for straw construction works.”

“ ......”

The grounds for appeal are as follows.

However, in light of the fact that a statement made by an investigative agency of a victim in the victim's investigative agency is inconsistent with the context before and after, and that it is clear and natural, it may be recognized that the defendant made a false statement to the victim as stated in the crime in the judgment.

Therefore, we cannot accept this part of the defendant and his defense counsel's argument.

Application of Statutes

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense, Article 347 (1) of the Criminal Act concerning the selection of punishment, and reasons for sentencing of imprisonment;

1. The basic area (from June to June) of the sentencing criteria [the scope of the recommended punishment] and the basic area (from June to June) of the type No. 1 of the general fraud (the scope of the recommended punishment is less than KRW 100 million) (the person who has no special sentencing seal);

2. The sentence shall be determined as ordered by comprehensively taking account of the following circumstances below the sentence and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the commission of the crime.