A defendant shall be punished by imprisonment for not more than ten months.

An application for compensation by an applicant for compensation shall be dismissed.

Punishment of the crime

On January 18, 2015, the Defendant, at the victim C’s house located in Yangcheon-gu Seoul Metropolitan Government Seoul Metropolitan Government around January 18, 2015, stated that “The Defendant would pay 10 million won to the husband’s factory, including interest, if he/she lends money to the husband’s factory.” In purchasing machinery to be used in the husband’s factory, the Defendant used money, and took the view that he/she would pay the borrowed money properly.

However, in fact, the defendant borrowed money from the injured party to pay the credit card payment to the husband of the defendant, was thought to use it as the opening capital of the main place of the defendant's operation. The existing debt amount amounts to KRW 40 million, registered as the bad credit holder from 2010, and it was impossible to fully pay the money borrowed from the injured party due to the lack of special property or income.

The Defendant received KRW 90,70,000,000 from the injured party on January 18, 2015, including the Defendant’s receipt of KRW 10,000 from the injured party around January 18, 2015 to March 30, 2017, in total, KRW 19,07,00 from the damaged party as indicated in the list of crimes in attached Form 19.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A criminal investigation report (E in currency), a criminal investigation report (in currency with reference witnesses), a criminal investigation report (Submission of victim data), a criminal investigation report (in currency with reference witnesses G), and a criminal investigation report (in the case of a complainant, submission of C data);

1. Details of transactions in each account, the certificate of deposit without passbook, and the details of remittance of transfer to another account;

1. Application of Acts and subordinate statutes to a copy of the process deed, a copy of a loan certificate, and a certificate of deposit transactions;

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Circumstances unfavorable to the reasons for sentencing under Article 32(1)3 and Article 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss an Application for Compensation Order (where the scope of liability for damages is not clear), the nature of the instant crime is good.