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

Punishment of the crime

On July 28, 2017, the Defendant made a false statement to the effect that “The Defendant would pay 10% interest and pay the principal without fail upon lending money” to the victim D’s office located in Daegu Northern-gu B.

However, at the time of the failure of stock investment, the Defendant had a debt of KRW 50 million in another place, and the financial situation was not good. The Defendant had been urged to repay the debt from another credit, and had been willing to use it for living expenses and stock investments, etc., so even if he borrowed money from the victim, there was no intention or ability to pay the debt normally.

The Defendant, from July 28, 2017, obtained the delivery of KRW 6 million from the injured party on the pretext of the borrowed money, and obtained the delivery of KRW 120 million through seven times in total from August 14, 2018, such as the list of crimes in the annexed crime list, from August 14, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to the forward statement (the details of inquiries about details of stock transactions);

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. The scope of the recommended punishment according to the sentencing guidelines [type 2] The general fraud [type 2], the scope of the recommendation and the amount of less than 500 million won [the area of recommendation and the scope of the recommendation], the basic area of the punishment, the imprisonment for August through four years (the minimum limit of the sentence due to the increase in one step as a result of the aggregate of these types of competition].

3. A favorable condition is that the Defendant’s decision of sentencing recognized a crime and reflects the wrongness, and there is no record of punishment exceeding the same kind of crime or fine.

However, even though the amount of damage exceeds 100 million won, most of the damage has not been recovered.