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

Punishment of the crime

On October 2016, the Defendant stated to the effect that “I would pay the principal and interest every month to the victim B (or 20 years of age) by telephone when I lent money to the recipient of the loan, I would like to pay money twice as much as I would like to pay I would like to pay I would like to pay I would pay I would like to pay I would like to pay I would like to pay I would like to pay I would like money.”

However, the Defendant did not have a certain occupation at the time, and there was no particular property, and there was only the intent of the victim to receive and consume the money from the victim, so there was no intention or ability to repay the principal and interest of the loan as agreed even if the victim received the money from the victim.

The Defendant, on October 18, 2016, borrowed five million won from C Bank from the victim on the same day, and received five million won from the victim on the same day. On October 19, 2016, the prosecutor stated “ around October 18, 2016.” However, according to Articles 2, 9, and 15 of the Evidence Records, it is obvious that the Defendant is a clerical error in the indictment “ around October 19, 2016.”

Therefore, it is determined that such recognition does not bring about a substantial disadvantage to the defendant's right of defense, and therefore, the above facts constituting the crime should be stated without the amendment process.

In order to get a loan of five million won from a D bank, five million won is granted from the victim on the same day as the loan.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. The statement statement concerning B prepared by the public prosecutor;

1. Entry in the petition form B;

1. Police seizure records;

1. Application of the Acts and subordinate statutes in each copy of a bankbook and each letter of demand;

1. As a whole, Article 347(1) of the Criminal Act’s grounds for sentencing [the scope of imprisonment with prison labor] under Article 347(1) of the Criminal Act, one month to ten years [the decision of type] fraud, fraud, general fraud, and type 1 (less than 100 million won).