A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On January 26, 2012, the Defendant made a false statement to the victim C, a non-employee relationship, that “on the face of the State, the Defendant would lend money to another person and receive high interest amounting to KRW 10 million, and would receive high interest if the Defendant borrowed money from another person.”

However, even if the Defendant borrowed money from the victim, it was thought that the Defendant would not receive high interest from the victim, but rather use the Defendant’s existing debt repayment and living expenses, etc., and the Defendant did not have any intention or ability to pay the money even if he borrowed money from the victim because the Defendant did not reach KRW 130,000,000 at the time and there was no particular property.

As such, the Defendant, by deceiving the victim, received KRW 10 million from the victim’s bank account under the name of the Defendant on the same day, and received KRW 10 million from May 2, 2013, and received KRW 56,750,000,00 in total from the time to May 2013 or acquired pecuniary benefits.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A protocol concerning the investigation of the suspect against the defendant (including part concerning the C confrontation);

1. Statement of the police statement of E;

1. Each report on investigation;

1. Application of Acts and subordinate statutes on a written complaint and a detailed statement of passbook transactions;

1. Grounds for sentencing under Article 347 (1) of the Criminal Act with respect to the facts constituting an offense;

1. The scope of the recommended sentence on the sentencing criteria [the scope of the recommended sentence] general fraud category 1 (less than KRW 100 million) and the basic area (not less than six months to one year and six months) (no special person);

2. It is inevitable to sentence a sentence in light of the fact that the sentence is not specified in the final sentence, and that it is not agreed with the victim: Provided, That the sentence shall be determined as the same as the sentence in consideration of all the conditions of sentencing provided for in Article 51 of the Criminal Act, such as the fact that the accused has no same criminal records, the amount of