A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On October 2016, the Defendant made a false statement to the victim B, the wife of the Defendant, who is the head of Nowon-gu in Seoul Special Metropolitan City, stating that “It is difficult to live because he/she has been on duty in the factory operated by the head of the mother and has retired. It is possible to find out a good business with good prospect, such as marina business, etc., so if he/she lends money, he/she would pay interest at least five copies per month, and pay the principal in advance if he/she speaks.”

However, in fact, the Defendant did not have any particular property as a bad credit holder, and it was not clear that the Defendant paid a large amount of profit to cope with the principal and interest promised to the victim with the projects promoted by the Defendant through his will. Since it was thought that the Defendant would use the amount equivalent to the repayment of existing debts and the repayment of the borrowed money to the victim for the purpose of preventing the payment of the borrowed money from the victim, there was no intention or ability

Around December 23, 2016, the Defendant, by deceiving the victim as above, received KRW 25,000,000 from the victim to the post office D account under the name of C as the borrowed money, and received KRW 239,100,000 in total over 26 times from that time to March 6, 2018, as shown in the list of crimes in the attached Table.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to the list of borrowed money, C Postal D account transactions, respective borrowed certificates, the entire details of borrowed money transactions with complainant B, the entire details of borrowed money transactions with complainant B, warrants, correspondence data, such as warrant documents, details of transactions, etc., and the provisions of each reply document;

1. The relevant Article of the Criminal Act and Article 347(1) of the Criminal Act ( comprehensively taking into account, the grounds for sentencing of imprisonment) concerning the crime;

1. Scope of applicable sentences under law: Ten years from imprisonment to imprisonment;

2. The range of recommending punishment according to the sentencing criteria (a decision of type) shall be from 100 million won to 500 million won for general fraud.