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

Punishment of the crime

1. On July 17, 2017, the Defendant made a false statement to the victim B who was profed from the French branch in Seoul and below the Seoul Special Metropolitan City on July 17, 2017, stating, “When the Defendant gains a loan to the knife and borrowed money, he/she shall pay the loan interest every month and the principal shall be repaid until the end of December 2017.”

However, in the related case, the father of the defendant had already paid the agreed amount to the victim, and the defendant thought that he would use the money to repay his personal debt with the amount of approximately KRW 90 million at the time, and he did not have the intention or ability to repay it to the victim.

The Defendant received 30,500,000 won from the victim’s account (D) in the name of the Defendant on the same day.

2. On December 1, 2017, the Defendant: (a) phoneed to the said victim in a Buddhist area in Seoul (hereinafter referred to as Seoul) around November 30, 2017; and (b) made a false statement that “if the Defendant borrowed money with a loan more than once than the amount agreed upon, he/she shall repay the loan interest and the principal to be repaid until the end of December 2017.”

However, in the related case, the father of the defendant had already paid the agreed amount to the victim, and the defendant thought that he would use the money to repay his personal debt with the amount of approximately KRW 90 million at the time, and he did not have the intention or ability to repay it to the victim.

Around December 1, 2017, the Defendant received 8750,000 won from the victim to the Cbank account in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to the detailed statement on deposit and withdrawal transactions and the detailed statement on accounts of C Bank;

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

1. From among concurrent crimes, the defendant's reasons for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act recognizes each of the crimes in this case.