A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

Before 30 years, the Defendant became aware of the Victim E, who is the husband of the Defendant, C's D workplace partner, through C.

Around March 2, 2008, the Defendant made a false statement to the victim E that “A hot spring tourist site is created at the mother of Ulsan, and there is insufficient amount of KRW 70 million. If the Defendant borrowed KRW 70,000,000 to KRW 13,000,000,000 which is the husband of the past husband, the sum of the principal and interest of KRW 13,000,000,000,000,000,000 to KRW 70,000,000.”

However, in light of the fact, the Defendant had made an investment in the Ulsan Land in 2002 and had suffered economic difficulties due to the failure to recover the investment, and had been urged to repay the borrowed money from other persons, and there was no plan to make an investment in the sound real estate even if the Defendant borrowed the money from the victim, and there was no intention or ability to pay the borrowed money from the victim because he was able to use it for living expenses or for repayment of the debt.

Nevertheless, on March 5, 2008, the Defendant, by deceiving the victim as above, received KRW 70 million from the victim under the name of the national bank account (Account Number F) in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on the loan certificate;

1. Grounds for sentencing choice of imprisonment with prison labor, Article 347(1) of the Criminal Act applicable to the relevant criminal facts;

1. The scope of punishment by sentence: Imprisonment with prison labor for not more than ten years;

2. Recommendations and sentence on the sentencing criteria: Imprisonment with prison labor for up to one year and six months (the basic area in the category of general fraud).

3. Determination of sentence: Ten months of imprisonment (the amount of imprisonment with prison labor shall be sentenced and the sentence shall be fixed, considering the fact that damage has not been repaid until now, etc.);