A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The Defendant is a person who has engaged in the health-supporting food distribution business under the trade name of “B”. On April 23, 2014, the Defendant received 30 million won from the victim that “If the products were released, 1.6 million won is the national bank account in the name of the Defendant on August 28, 2014, 1.6 million won is the national bank account in the name of the Defendant, 200 million won, 1.6 million won is the national bank account in the name of the Defendant on September 17, 2014, 200 won, 1.6 million won is the national bank account in the name of the Defendant on September 24, 2014, and 1.6 million won is the national bank account in the name of the Defendant on August 28, 2014.”

However, in fact, the Defendant did not have a plan to receive a subsidy from the producing company by withdrawing new products with regard to the method of raising the repayment fund, and even if the Defendant borrowed money from the victim due to the difficulties in financial circumstances, such as delayed payment of wages, etc. at the time, he did not have any intent or ability to repay the money.

Accordingly, the Defendant, by deceiving the victim as above, received a total sum of KRW 32.7 million from the victim as a loan, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes on photographics of text messages and account transactions;

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 [type 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. Determination of sentence: the fact that the defendant recognized his mistake and reflects his mistake in six months of imprisonment, and there is no record of punishment for the same kind of crime, and deception.