A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On January 25, 2010, the Defendant concluded that “C” entertainment tavern located in Dongdaemun-gu Seoul Metropolitan Government on January 25, 2010, the victim D, “I have worked as a monthly president in this entertainment drinking house, and I have paid the number of days to Is of the business establishment and received the 5-day interest, so if Is of the business establishment loan KRW 100 million, I will pay the 3-year interest and repay the principal after one year.”

However, in fact, the Defendant had a debt of KRW 110 million, such as card delay payments, but there was no intention or ability to pay in time, even if the Defendant borrowed money from the victim because there was no specific assets other than KRW 60 million, monthly rent of KRW 3 million, monthly rent of KRW 13 million, etc.

Accordingly, the Defendant, by deceiving the victim as above, received 100 million won from the Defendant’s wife E’s national bank account (F) under the name of borrowing money from the victim on the same day.

Summary of Evidence

1. A protocol concerning the examination of partially the defendant's prosecution;

1. Statement made in D in the second police interrogation protocol against the accused;

1. Statement of D police statement;

1. The application of Acts and subordinate statutes to inquire about changes in personal loan information and inquiries about changes in debt guarantees, integrated inquiry into credit information, cash loan confirmation, and payment note, complaint, loan certificate, promissory note, deposit certificate, and deposit transaction statement;

1. The pertinent Article of the criminal facts and the reason for the sentencing of Article 347(1) of the Criminal Act on the selection of punishment [the decision of type] [the case of fraud] ; 100 million won or more; 500 million won or less; - In the case of a deceitful act which does not have the element of mitigation ; or in the case of a deceitful act which intentionally commits the degree of deception ; [the decision of the recommended area] mitigated area / [the decision of the recommended area] / [the decision of the recommended area ] 10 million to 2 years and 6 months / [the decision of the sentence ] 15 million won from the victim due to the circumstance as stated in the facts charged in the instant case, the defendant borrowed 10 million won from the victim; lent 15 million won to G; 25 million won to H; and 40 million won to the remainder.