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

Punishment of the crime

On January 24, 2019, the Defendant made a false statement to the victim B, who had a relationship of interest, stating that “The Defendant provided money that he/she has collected with his/her money in need of money, provided money to him/her, and borrowed money necessary for business funds, and provided money to him/her in April 5, 2019, because he/she had a relation of interest.”

However, in fact, the defendant did not have any money collected on his work, and even if he borrowed money from the victim, there was no intention or ability to repay the money, and the defendant was planned to use it as personal debt repayment and cost of living.

From around February 12, 2019 to July 5, 2019, the Defendant, by deceiving the victim as such, received KRW 29,485,00 from the victim to March 20, 2019 via a total of 26 times from the victim’s account (D) in the name of the Defendant, and acquired pecuniary benefits equivalent to that amount by using the credit card borrowed from the victim’s name as shown in attached Table (2) from February 12, 2019 to July 5, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of each specification of transactions, deposit certificates, each statement of credit card transactions, and statutes governing the use of credit cards;

1. Relevant Article of the Criminal Act and Article 347(1) of the Criminal Act for the selection of the relevant criminal facts and for the choice of the punishment (in covered by the list of crimes in attached Form, selection of each imprisonment

1. Among concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act include: (a) the recognition of and reflects on the instant crime; (b) the repayment by the Defendant to a certain victim; and (c) the fact that the Defendant has no same criminal record.

On the other hand, the defendant committed the crime of this case without being aware of even during the period of probation (the present period of probation has expired), the period, frequency, and the amount of damage, etc. are not good and up to now.