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

Punishment of the crime

On October 22, 2018, the Defendant made a false statement to the victim B, who was aware of the fact through a mobile phone text message at an irregular place, stating that “If the Defendant borrowed money, then he/she would make a monthly payment immediately.”

However, there was no regular income or special property and there was no intent and ability to repay normally as promised even if the defendant borrowed money from the victim.

Around October 22, 2018, the Defendant, by deceiving the victim as above, received KRW 100,000 from the victim to the corporate bank account (C) in the name of the Defendant, and acquired KRW 20,200,000 in total over 40 times by February 12, 2019, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of reference witness to the prosecution concerning B - One answer-type;

1. Investigation report (a written statement submitted by a complainant and accompanied by a loan certificate);

1. Application of the details of account transfer, text messages, and the Acts and subordinate statutes concerning transactions by account;

1. The relevant Article of the Criminal Act and Article 347 (1) of the Criminal Act that prescribes the applicable criminal facts, the 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. On October 12, 2018, the Defendant was sentenced to a fine of KRW 10 million for fraud at the Seoul Western District Court (Seoul Western District Court) but committed the act of fraud in the same judgment immediately thereafter. Even if the Defendant borrowed money, he/she continuously acquired money by using the victim’s stuffed wife, even though he/she did not have any intent or ability to complete payment, and refused to perform the damage by taking advantage of the victim’s desire and intimidation.