A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On December 19, 2011, the Defendant stated that “H” lending business offices operated by the Defendant in Seoul Jung-gu Seoul Special Metropolitan City, 1201, and that “If the funds are urgently needed, the Defendant would pay the victim a cash of KRW 1 billion up to December 27, 201 as investment contract deposit to the victim until December 27, 201, and the victim would make an investment of KRW 2.7 billion in the old-si J apartment development project implemented by the victim until January 20, 2012, and the amount of KRW 30 million borrowed also by January 20, 2012.”

However, even if the Defendant borrowed the above money, the Defendant did not have any intent or ability to make a full payment of the money invested or borrowed KRW 27 billion.

On December 20, 201, the Defendant was transferred KRW 30 million to the foreign exchange bank account of the Defendant on December 20, 201 by deceiving the victim as such.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement of I;

1. Grounds for sentencing under Article 347 (1) of the Criminal Act with regard to the relevant criminal facts;

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

2. The recommended sentence on the sentencing criteria: Six to one year and six months from six months of imprisonment.

3. Determination of sentence: A sentence shall be imposed in consideration of the fact that the damage has not yet been repaid for four months of imprisonment, and that there has been a power to be punished for fraud; however, considering the fact that the amount of defraudation is not objectively high as a 30 million won, and that the mistake is against the sentencing guidelines, it is somewhat lower than the sentencing guidelines.