A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On January 27, 2013, the defendant around Seoul Special Metropolitan Gwangjin-gu Square located in the Squaredong, and the victim B "if the main owner increases the deposit amount of KRW 40 million, it is necessary to close down the Square operated by the mother and child.

In the case of lending KRW 40 million, the deposit was paid, and the said money was paid within one year.

However, the Defendant did not have received a demand from the lessor to pay the said money as a security deposit, and there was no intent to use the said money as a security deposit, and there was no ability to pay the said money within a given period because the sum of the debt, such as the value of bonds and goods, exceeds KRW 40 million and monthly tax exceeds KRW 15 million.

Accordingly, the Defendant, by deceiving the victim as above, received a delivery of KRW 40 million from the victim on January 30, 2013 as the borrowed money from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to B

1. The scope of the recommended sentence on the sentencing guidelines that the relevant Article of the Criminal Act and Article 347 (1) of the Criminal Act regarding the crime, Article 347 of the selective sentencing of imprisonment, and Article 347 (1) of the Criminal Act that the punishment of imprisonment is not recovered from damage that has no record of criminal punishment: Six months of imprisonment (the fraud crime, general fraud, type 1, and basic area);