A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

Around 17:30 on June 30, 2016, the Defendant made a false statement to the victim E, a workplace partner, at D offices located in the Company B and C, that “If the Defendant borrowed money from the lending company as he/she is required to pay the money, he/she shall pay the principal and interest within a given period.”

However, at the time, the Defendant was unable to repay the money and interest that he borrowed from the F Company, etc., and the Defendant did not have any intent or ability to repay even if the victim received the loan.

As such, the Defendant, by deceiving the victim, received KRW 34 million from the victim on July 1, 2016, KRW 1 million, KRW 13.5 million on September 13, 2016, KRW 35 million on September 13, 2016, and KRW 9.58 million on September 14, 2016.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Each police statement of E;

1. Details, etc. of account transactions in the name of the complainant;

1. Details of account transactions;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant provisions of the Criminal Act, Article 347 (1) of the Criminal Act (Fraud) and reasons for sentencing choice of imprisonment with prison labor;

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. The sentencing conditions stipulated in Article 51 of the Criminal Act, such as the details and methods of sentencing, the amount of fraud, the amount of damage not recovered, the fact that there is no record of the same crime, and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, and the sentencing guidelines set by the