A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

On January 1, 2012, the Defendant told the Victim B to the effect that “The Defendant would pay off the said total sales right with sales proceeds if he/she had sold the drat character’s dratian total sales right with a lot of profits, and if he/she borrowed money, he/she would lend the money.”

However, the fact was that the Defendant was in excess of the obligation at the time, and there was a plan to use approximately KRW 90 million out of the borrowed money from the victim for personal debt repayment, and there was no intention or ability to repay the borrowed money by normally continuing the above business after the completion of the above contract for purchase of the general right.

As above, the Defendant, by deceiving the victim as above, received a total of KRW 147 million from the victim to the new bank account in the name of the Defendant, including KRW 27 million on January 16, 2012, KRW 90 million on February 10, 2012, and KRW 30 million on February 11, 2012.

Summary of Evidence

1. The prosecutor's protocol of interrogation of the accused (including B's statement);

1. The police statement concerning B;

1. Each investigation report (No. 12, 17 No. 5)

1. Application of Acts and subordinate statutes concerning specification of transactions;

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