1. The defendant shall be punished by imprisonment with prison labor for not more than ten months;

2. The defendant shall pay 80,000,000 won to the applicant for compensation.

Punishment of the crime

On February 24, 2016, at around 11:00 on February 24, 2016, the Defendant made a false statement to the effect that “The victim would lend KRW 100 million to himself/herself and make a full payment without molding until April 30, 2016.”

However, in fact, there was no intention or ability to reduce the gift tax to be borne by the victim or to repay even if the victim borrowed money from the victim.

On the same day, the Defendant received KRW 100,000,000 from the injured party, in total, KRW 100,000,000 from the Agricultural Cooperative near the Gangseo-gu Seoul Metropolitan Government, as a loan.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against B;

1. Complaint;

1. The loan certificate;

1. Recording notes;

1. The E account details [the defendant was sufficiently capable of paying 100 million won when he borrowed 100 million won from the injured party];

However, according to the evidence duly adopted and examined by this court, even if the defendant borrowed money from the injured party, it can be recognized that the defendant did not have sufficient ability to pay the due date. Thus, the defendant's assertion is not accepted.

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

1. The grounds for sentencing under Articles 25(1), 31(1), 31(2), and 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings Concerning Compensation Orders and Sentence of Provisional Execution / [the scope of the recommended sentence] General Fraud / [the scope of the sentence] the basic area (10 million won or more, and less than 50 million won) (1 to 4 years), / [decision of sentence] the defendant was unable to be sentenced to a sentence against the defendant, because he/she was unable to recover damage.

The sentencing guidelines and the amount of damage suffered by the victim, the damaged location of the defendant and the circumstances, means and results of the crime, the circumstances after the crime, and the defendant's judgment.