A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

around September 22, 2015, the Defendant: “A victim C located in Gangnam-gu Seoul Metropolitan Government, was the victim’s house in Gangnam-gu, that “The security deposit is required to operate an entertainment drinking house. If the Defendant borrowed KRW 40 million from November 2, 2015 to August 2016, the principal shall be repaid in 10 million each month and the interest shall be paid at 25% per annum.” However, the Defendant was thought to use money as living expenses, etc. from the victim, and there was no thought to use money as an entertainment drinking house deposit, and there was no other property other than the second financial right loan, and thus, the Defendant did not have any intention or ability to repay the principal and interest even if he borrowed money from the victim.

Nevertheless, on September 23, 2015, the Defendant, by deceiving the victim as above, received KRW 30 million from the victim to the bank account under the name of the Defendant (E) and received cash delivery of KRW 10 million.

Accordingly, the defendant was given a delivery of KRW 40 million by deceiving the victim.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Investigation report (to telephone conversations of a lessor of an entertainment drinking house), investigation report (to telephone conversations of a lessor), investigation report (to telephone conversations of a lessor), real estate lease contract (to the end of June 27, 2015), real estate lease contract (to the end of August 27, 2017), investigation report (to the verification of A credit information of a suspect) with respect to C, and history of credit information;

1. Details of deposits transactions, replies to requests for the provision of financial transaction information and details of account transactions;

1. Application of Acts and subordinate statutes to notarial deeds ( September 22, 2015);

1. Relevant Articles of the Criminal Act and reasons for sentencing under Article 347 (1) of the Criminal Act of the option of imprisonment for a crime;

1. Scope of punishment by law: One month to ten years;

2. The scope of recommendations according to the sentencing guidelines [decision of types] and the scope of fraudulent crimes [type 1] and there is no person who is less than KRW 100 million [the scope of recommendations and recommendations] (the scope of recommendation fields and recommendations] and the basic area, six months to one year and six months.

3. Determination of sentence: The defendant shall be sentenced to six months of imprisonment;