A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On June 2016, the Defendant stated that “The Defendant would repay the loan and repay the interest rate of the principal and the interest rate of the loan until March 2017, 2017, when he/she borrowed 18 million won with the loan from the victim D at the factory located in Ssung-si B in Ssung-si.”

However, at the time, the Defendant had a debt amounting to approximately KRW 30 million to financial institutions, and credit rating was not good, and there was no intention or ability to repay the debt even if the Defendant borrowed money from the victim due to the absence of any specific property.

On June 24, 2016, the Defendant, by deceiving the victim as such, received a remittance of KRW 18 million from the victim as the borrowed money and acquired it by defrauded.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Each investigation report (including attachment);

1. Application of statutes on certificates of details by transaction account;

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 applicable sentences under law: One month to ten years of imprisonment;

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

3. In full view of various circumstances, such as the scale of the amount obtained by the defendant by fraud, the amount of the punishment by fraud, and the amount not agreed with the victim, that the victim wants to punish the defendant, and that there is no circumstance to deem that the defendant has made efforts to recover damage, that there is no record of punishment by fraud, and that there is no history of punishment by fraud, and that there is no motive, means and consequence of the crime, character and conduct of the defendant, environment and progress before and after the crime, etc., the sentencing conditions specified in the argument of this case, the sentencing guidelines