A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On June 2015, the Defendant made a false statement to the victim B, stating, “If he/she lends money to the victim B, he/she shall repay the principal and interest of each month, and KRW 920,000,000,000,000,000,000.”

However, the Defendant did not have any income or property at the time, and took approximately KRW 60,000,000,000, and was required to return the above bonds with the money received from the victim. Since the Defendant’s mother was in a state where he was not sold for more than two years, there was no intent or ability to repay the bonds even if he received the money in the name of the borrowed money from the victim.

Around the 25th day of the same month, the Defendant, along with the receipt of KRW 20 million from the victim to the CUnion account in the name of the Defendant, acquired a total of KRW 61,439,870 from that time until May 10, 2017, by remitting the total of KRW 61,439,870 from that time to May 10, 2017.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Investigative report (with regard to the specification of the amount received), investigation report (to hear statements by a complainant);

1. Details of account transactions, certificate of borrowing, details of borrowed money, and application of Acts and subordinate statutes;

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

1. From among concurrent crimes, the punishment of imprisonment with prison labor for the defendant is to be imposed in light of the fact that the amount obtained by deceit exceeds 60 million won for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, but the damage has not been recovered up to now (the defendant submitted an application for revocation of a party agreement with the victim that the victim seeks a reasonable punishment for the defendant because he/she did not implement the agreement, although he/she agreed on the installment repayment of the amount obtained by deceit with the victim

However, the defendant recognizes the facts of crime and repents.