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

Punishment of the crime

On July 2017, the Defendant concluded that “Around July 2017, the Defendant would pay the victim C with interest on the principal if he/she lent money to the D Hospital and Essung with insufficient funds to purchase goods to be supplied for the supply of food materials.”

However, at the time, the Defendant did not supply food materials to the above hospital and the sexual party, and was thought to use the personal debt of 50 million won or more at the time to pay the money borrowed from the victim for the purpose of paying the existing debt, so there was no intention or ability to pay the money borrowed from the victim.

Around July 7, 2017, the Defendant received KRW 24 million from the victim to the Busan Bank Account (F) in the name of the Defendant at least three times, and received from that time a total of KRW 213 million from that time until July 27, 2017, as shown in the crime list, from July 27, 2017.

Accordingly, the defendant, by deceiving the victim, received the property and acquired it.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement of C;

1. Application of Acts and subordinate statutes, such as investigation reports (Attachment of Details of transactions in suspect accounts and details of accounts), specifications of transactions, transfer certificates, specifications of transactions, and statement of transactions in and out of accounts;

1. The relevant Article of the Criminal Act and Article 347 (1) of the Criminal Act that prescribes the applicable criminal facts, the reasons for sentencing choice of imprisonment with prison labor;

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

2. The scope of recommendations according to the sentencing guidelines (decision of types) shall be limited to the range of recommendations [decision of types] according to the sentencing guidelines: general fraud [Type 2]; the person above KRW 100 million; the person below KRW 500 million (special person]; the basic area of recommendations and the scope of recommendations]; the basic area of punishment; one year to four years;

3. Determination of sentence: The following various sentencing conditions: imprisonment with prison labor for a year and February, and the age, character and conduct, the environment of the defendant, and the motive, circumstances, means and results of the instant crime.