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

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

Punishment of the crime

Around 17:00 on April 21, 2020, the Defendant made a false statement to the victim B, who had a relationship with the Defendant, that the Defendant is in custody on behalf of the Defendant, so that the Defendant would not lose the D Bank cashier’s checks (section 1, 1, 3, 500,000 won KRW 20,000 KRW 23.5 million) of the face value of the victim’s possession in order to ask the victim B to live together with the Defendant.

However, the defendant did not have the intent or ability to seek a house with the victim because he did not have any money at the time, and was responsible for the loan to the lending company, and the defendant was able to receive the above check from the victim and use it in mind for the repayment of the defendant's debt.

As above, the Defendant deceptioned the victim and acquired the total sum of KRW 23.5 million from the victim’s position.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to replies to requests for the provision of a copy of a bankbook, a copy of a text message, photograph of a check, and financial transaction information;

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

1. In light of the relationship with the victim of sentencing, the method of crime and the degree of damage, etc. under Articles 32(1)1 and 26(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for the Dismissal of Application for Compensation, the nature of the crime has not been recovered, and the damage has not been recovered. The victim’s scambling of severe punishment, the defendant’s scambling of the same fine and one time before and after the same crime, the defendant recognized his mistake and reflects the defendant’s age, character and behavior, environment, means and result of the crime, etc., and all the kinds of sentencing conditions as shown in the records and arguments of the case shall be determined as ordered.