A defendant shall be punished by imprisonment for six months.

Punishment of the crime

Defendant,

1. Around January 10, 2012, at C offices located in Gangseo-gu Seoul Metropolitan Government, to pay a full payment to the victim D in the amount of KRW 10 million.

‘Falsely speaking to the effect that ‘’ was false.

However, at the time of the fact, the defendant had no intention or ability to make repayment immediately to the victim because he/she had borrowed money from the victim due to a large amount of debt.

On January 30, 2012, the Defendant received 10 million won from the victim as the borrowed money, and acquired it by fraud;

2. Around June 15, 2012, the victim made an investment in the business with a friendship in China, with the purport that “if the victim loans ten million won or more, it shall be repaid with the previous one million won, and if the victim makes a statement before one month, it shall be repaid with the previous one million won.”

However, even if the victim borrowed money, the victim did not have the intention and ability to pay other debts.

The Defendant received KRW 10 million from the victim as the borrowed money on the same day, and obtained KRW 23 million from the victim on March 3, 2013, and acquired KRW 23 million on the same name.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes of an investigation report;

1. Article 347 (1) of the Criminal Act applicable to the crime;

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

1. The scope of the recommended sentence on the sentencing criteria [the scope of the recommended sentence] general fraud category 1 (less than KRW 100 million) and the basic area (not less than six months to one year and six months) (no special person);

2. The sentence of sentence may not be avoided in light of the fact that there are no significant amount of damage from the sentence of sentence and no agreement has been made with the victim, and the victim wishes to be punished with severe punishment.

Defendant

The confession of crimes and reflects against the defendant, the fact that the defendant has no criminal records more than the suspension of execution, the amount of the defrauded, the sentencing guidelines of the Sentencing Committee.