A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

On December 31, 2014, the Defendant made a false statement to the victim B, “Seoul Dobong-gu Dang, Seoul, was sold in lots. Since the above lending security value is sufficient, the Defendant offered it as security, thereby lending KRW 40 million in trust and lending KRW 40 million in total after three months.”

However, the Defendant could not offer the above C Borrowing as a security, and even if the Defendant borrowed 40 million won from the victim, he/she did not have the intent and ability to repay it more than three months.

Nevertheless, on December 31, 2014, the Defendant, by deceiving the victim as above, received KRW 40 million from the victim to the bank account in the name of the Defendant.

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

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Protocol of the police statement concerning B;

1. A specification of transactions;

1. Application of Acts and subordinate statutes, such as a contract for full payment, power of attorney, deposit slip, and notarial deed;

1. Relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act on the selection of punishment, conditions favorable to the sentencing of imprisonment: the defendant's consent to the instant crime is against the law.

The defendant paid 10 million won to the victim.

Unfavorable circumstances: The defendant deceivings the victim by means of false preparation, etc. of the C Full Payment Contract.

Even until now, the defendant has failed to pay full damage to the victim.

The defendant committed the crime of this case again even though he had been sentenced two times for the same crime.

It is not known that the case is unknown after having been absent on the sentencing date.

The punishment as ordered shall be determined by comprehensively taking into account such circumstances as the age, character and conduct, motive of the crime, and circumstances after the crime.