A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On May 20, 2009, the Defendant stated that “The Defendant would lend money to the victim’s house located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seoul to the extent that “The Defendant would pay interest at 5% per month and the principal would be repaid without the mold until September 2009.”

However, in fact, the defendant did not have any property other than approximately KRW 3 million monthly income, while he had to pay more than KRW 10 million per month interest on personal debt of not less than KRW 500 million, and as the operational guidance has been spread, it is difficult for the defendant to pay the deposit amount of not less than KRW 15 million per month on the basis that he had no intention or ability to pay the interest and principal normally to the victim.

Nevertheless, as above, the Defendant, as well as by deceiving the victim, received KRW 10 million from the victim, and subsequently, received KRW 9.5 million from the victim, around May 25, 2009, KRW 10 million around June 26, 2009, KRW 9.5 million around July 31, 2009, KRW 4.75 million around August 5, 2009, KRW 4.955 million around November 4, 2009, KRW 3 million around November 6, 2009, KRW 4.9 million around November 6, 2009, KRW 4.9 million around November 9, 2009, KRW 5 million around December 5, 2009, KRW 96,000 as a total of KRW 9.6 million on loan.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement of statement made to D by the police (including the statement made in an examination of the criminal defendant by the cross-examination);

1. A complaint filed in D;

1. A list of transactions of self-reliance deposits;

1. A specification of trading of savings banks and an inquiry note of demand non-compliance;

1. Each police investigation report;

1. Application of Acts and subordinate statutes on list of creditors;

1. Article 347 (1) of the Criminal Act as to the facts constituting the crime;

1. Selection of each sentence of imprisonment;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The scope of applicable sentences: Imprisonment for one month to 15 years;

1. Determination of types: A type of general fraud crime and the amount of defraudation is less than 100 million won;

1. Special supporters: None of the persons;

1. The scope of recommendations: Imprisonment with prison labor for the basic sphere of category 1; and