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

Punishment of the crime

1. Around December 29, 2009, the Defendant stated that “Around December 29, 2009, the Defendant borrowed money to the victim C, “Is that Is that Is that Is that Is that Iss that Is that Is that Is would be able to perform funeral, but Is that Is that Is that Is that Is Is would be able to

However, the fact was that it borrowed money to repay other debts, and even if it borrowed money, there was no intention or ability to pay it within the time limit.

The Defendant, as above, by deceiving the victim, received five million won from the victim.

2. On February 4, 2010, the Defendant stated that “Around February 4, 2010, the Defendant loaned money to the above victim in return for the repayment of money to another person.”

However, in fact, it was intended to borrow money for gambling, and even if it was borrowed money, there was no intention or ability to repay it within the time limit.

The Defendant, as above, by deceiving the victim, received three million won from the victim.

3. On February 9, 2010, the Defendant stated on February 9, 2010 that “Around February 2010, the Defendant made an investment to the above victim, “I would like to receive money from his father who will engage in a family job D and E construction business.”

However, there was no intention or ability to invest in the construction business or to receive money from the father even if the investment was made to use it as gambling funds.

The Defendant, by deceiving the victim as above, received KRW 37 million in total from the victim, including KRW 10 million on the same day, KRW 10 million on the 10th of the same month, and KRW 17 million on the 16th of the same month.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to C of the police statement, copy of the details of passbook transaction, and copy of cash custody certificate;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Of concurrent crimes, the motive, background, and damage of the instant crime is almost rare in the reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act.