A defendant shall be punished by imprisonment with prison labor for up to six months.

Criminal facts

On March 3, 2015, the Defendant called “the location to be used urgently, and the Defendant borrowed KRW 500,000,000 from the end of this month to the victim B,” by phoneing the victim B.

However, in fact, the Defendant had no special property at the time and had been liable for the loan amounting to KRW 20 million to the lending company, and the interest on the loan was in excess of the debt due to the failure to pay the loan at once. Therefore, even if the Defendant borrowed the money from the damaged party, there was no intention or ability to repay it.

As above, the Defendant, including deceiving the victim and receiving 50,000 won from the victim as the borrowed money on the same day, was transferred from July 1, 2016 to July 1, 2016, totaling KRW 3,845,000,000,000 from that time, as shown in the List of Crimes.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes on account transactions and Kakao Stockholm dialogue content;

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act (including the cases) and the reason for sentencing selection of imprisonment with prison labor;

1. The scope of punishment by law: Imprisonment with prison labor for not more than ten years;

2. Scope of the recommended punishment on the sentencing criteria: Imprisonment with prison labor for up to six months to one year and six months [the type of decision] fraud [the amount below KRW 100 million] set forth in type 1 (special sentencing factors] [the amount below KRW 100 million]; where the degree of deception is weak, the increased factor: Where the victim causes serious damage [the scope of the recommended sentencing] basic area; imprisonment with labor for up to six months and six months;

3. The Defendant, throughout a year and four months, deceiving the victim several times repeatedly, thereby deceiving the amount exceeding KRW 38 million.

The victim suffered serious damage, such as filing an application for personal rehabilitation, due to the loss of most property due to the crime of this case, and no damage has been recovered until now.