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

The defendant pays 117,00,000 won to the applicant through fraud.

Punishment of the crime

On August 18, 2016, the Defendant loaned KRW 10 million to the victim D at a non-exclusive place on August 18, 2016, if the Defendant borrowed KRW 10 million at the agreed gold and vehicle repair cost.

“.....”

However, in fact, the defendant did not have suffered from a traffic accident, received money from the victim and used it for gambling on the Internet, etc., and there was no intention or ability to pay the money to the victim without any property.

Nevertheless, the Defendant: (a) by deceiving the victim as above, received KRW 10,000,00 from the victim on the same day as the traffic accident agreement money and vehicle repair expenses; (b) and (c) received KRW 162,50,000 from the victims on 17 occasions in total, as shown in the attached crime list from May 21, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, D, G, H, and I;

1. (F) a statement of transfer, a written confirmation of the results of transfer of funds (D account), a written confirmation of the results of electronic financial transfer, a written confirmation of deposit and withdrawal transaction, a written confirmation of deposit and withdrawal transaction (H), a statement of deposit transaction (H), a certificate of loan and a written inquiry of the details of transaction (I);

1. A statement of entry into and departure from the former bank account (E) and the application of statutes;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Sentence of compensation order and provisional execution;

(a) Quotation and provisional execution: Articles 25(1), 31(2), and 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings;

(b) Dismissal: Reasons for sentencing of Article 32(1)3 and Article 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (where the scope of liability for damages is not clear, the part concerning the property and mental damage exceeding the amount acquired by deceit among the applications for compensation shall be applicable);

1. The scope of the recommended punishment according to the sentencing criteria (a type of determination);