A defendant shall be punished by imprisonment for not less than eight months.

Criminal facts

Some of the facts charged were corrected.

On March 15, 2016, the Defendant made a false statement to the effect that “C” coffee store located in Gui-si B would perform the new construction of neighborhood living facilities in Sii-si E, and would repay the principal and interest KRW 74 million as of December 22, 2016, if he/she borrowed money to use as construction expenses.”

However, in fact, the Defendant was liable for the amount equivalent to KRW 100,000 at the time, and there was no certain amount of credit in bad faith, and there was no intention or ability to repay the amount even if the Defendant borrowed money from the victim because it was not a state of contract with the owner of the site at the time of interest.

Nevertheless, the Defendant, by deceiving the victim as above, obtained 20 million won from the victim in the name of borrowed money, namely, i.e., e., 20 million won from the victim, 30 million won in the same place around March 24, 2016, and 3 million won in total from the same place around May 24, 2016, respectively, and acquired 53 million won in total at the same place.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a loan certificate (three thousandth of investigation records), each business plan (9, 49th of investigation records), a certified copy of the register (54 pages of investigation records), a confirmation of facts (57 pages of investigation records), and a report on investigation (F telephone conversations);

1. The applicable provision of the criminal facts and the applicable provision of Article 347(1) of the Criminal Act on the grounds of sentencing of the punishment: The scope of punishment to be imposed under the law on the grounds of sentencing: The scope of recommendation [decision of type] according to the sentencing guidelines for one month to ten years of imprisonment [No person who is a special person] [the scope of recommendation area and recommendation] below KRW 100 million [the scope of recommendation area and recommendation]] there is no basic area [the scope of special person], six months to one year [the general person who is a person who is a general person] [the grounds of suspension of execution]. The decision of punishment to be imposed before and after the two or more suspended sentence: The defendant borrowed a site to another person in August, and then leaves a building on the ground.