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

Punishment of the crime

The Defendant is a person who has been in a relationship with the victim B on November 2017 with the first police officer.

Around November 2017, the Defendant made a false statement that “this telecom intends to take over this telecom at home.” If the Defendant borrowed down payment of KRW 5.5 million, he/she would complete the payment as he/she sells.

However, the defendant did not think that he will accept the telecom and thought that he would use the money received from the victim for personal living expenses, and there was no intention or ability to pay the money to the victim.

The Defendant, on the 27th day of the same month, received from the victim the transfer of KRW 5.5 million from the Defendant’s Cit Bank account to the Defendant’s Cit Bank account on the 27th day of the same month, and, from February 19, 2018, received a total of KRW 57 million by deceiving the victim as indicated in the annexed crime list.

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

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes concerning account transactions and details of transactions;

1. The relevant Article of the Criminal Act and Article 347 (1) of the Criminal Act that prescribes the applicable criminal facts, the reasons for sentencing choice of imprisonment with prison labor;

1. Application of the sentencing criteria [the range of recommending punishment] General Fraud (the amount less than 100 million won) and the basic area (6 months to one year and six months) of the sentencing criteria; and

2. The Defendant, who was sentenced to a suspended sentence of imprisonment due to fraud and embezzlement in 2007, was sentenced to a suspended sentence of imprisonment for fraud in May 18, 2017, and was sentenced to a suspended sentence of two years for fraud in May 18, 2017, but was under the suspended sentence period of two years. However, the Defendant again started committing the instant crime only within six months after the judgment became final and conclusive, and acquired money worth KRW 60 million by deception.

The Defendant appears to have committed the instant crime by taking advantage of the victim’s personal trust and collected money from the victim, with the payment of the existing debts, including living expenses, lease expenses for high-class automobiles, and entertainment expenses, etc.

In this case, the victim's house is secured.