Defendant shall be punished by imprisonment for a term of one year and two months.

Punishment of the crime

The defendant is between the victim B and the high school.

Around March 2014, the Defendant called the victim by telephone at a place where the location cannot be known, and “it is difficult for the bond company to make a phone call to B without having attempted to make a recent bond, and to make a full payment as soon as possible with a monthly wage if the bond company loans KRW 1.6 million.”

However, at the time, the Defendant had been in excess of KRW 30 million, and the Defendant’s average monthly income of KRW 200-3 million was insufficient to cover living expenses, and there was no intention or ability to repay the money even if the Defendant borrowed the money from the victim due to the absence of any particular property.

Nevertheless, around March 7, 2014, the Defendant: (a) by deceiving the victim as above; (b) received KRW 16 million from the agricultural bank account in the name of the Defendant’s mother C (D) around March 7, 2014; and (c) received a total of KRW 128 million over 11 times from around that time to October 24, 2016, as shown in the separate crime list, as shown in the separate crime list.

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

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of examination of part of the defendant by prosecution;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes on photographics by cutting down the certificates of deposit, receipt of deposit, receipt of loan, loan certificate, photographic paper and written contents;

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

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

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

2. The scope of recommendations according to the sentencing guidelines [the decision of type] shall be limited to the range of recommendations [the type 2]. The general fraud [the type 2] is more than KRW 100 million, the amount of less than KRW 500 million is less than KRW 500 million (the special person] mitigation element: In a case where a person intentionally commits a deceptive act, or the degree of deceptive act is weak (the scope of recommendations and recommendations).