A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant pays 100,000 won to the applicant through deception.

Punishment of the crime

The defendant was aware of the victim F who visited the ship of the above temple while working as a public tenant in the temple called "E" located in Busan-gun D.

The Defendant, around December 23, 2016, borrowed money to the victim “E” in the above “E,” because there is a lack of money in order to engage in a national restaurant in G. The inheritance to be received from the parents is about KRW 500 million to KRW 600 million. When funeral service begins, the Defendant would pay interest.

“The purpose of “ was to make a false statement.”

However, at the time of fact, the Defendant did not have any heritage in the amount equivalent to 36 million won without any particular income, and did not have been able to receive care from his parents. Moreover, even if he borrowed money from the injured party, it was thought that the Defendant used it as a donation for the repayment of the existing obligation or for the use of it as a donation to another temple he did not have any intent or ability to pay the interest or principal to the victim properly by opening the national collection.

Nevertheless, the Defendant, as seen above, was transferred KRW 147,50,000 from that time to November 6, 2017, including by deceiving the victim and receiving KRW 4,90,000 from the victim’s account under the name of the Defendant to the Agricultural Cooperative (H) account in the name of the Defendant on the same day from November 6, 2017 by the same method, including by receiving the remittance of KRW 4,90,00 from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Details of remittances and each receipt of borrowed funds;

1. Application of Acts and subordinate statutes on account transactions;

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

1. Articles 25 (1), 31 (1) and 31 (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders;

1. Reasons for sentencing of Article 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings with Declaration of Provisional Execution [the scope of the recommended sentence] The basic area (one to four years) is the type 2 (not less than one hundred million won, and less than five hundred million won).