A defendant shall be punished by imprisonment for six months.

The defendant pays 13,700,000 won to an applicant for compensation.

The above compensation order shall be.

Punishment of the crime

On February 6, 2012, in Eda located in Kimcheon-si, Kimcheon-si, the Defendant made a false statement to the victim C, stating, “If the Defendant lends KRW 5,00,000,000 to be used as the settlement price, such as Acryry and PC, it would sell the acrylic and PC, etc. accumulated in front of the plastic manufacturing factory located in the Gyeongbuk-gun, Gyeongbuk-do, and pay the price.”

However, as the Defendant had to pay the above amount of the hospital fee of KRW 4 million every month, even if he received the above money from the victim, he was thought to use it for the above hospital expenses, and even if he sold the said acrylic and PC, he was thought to use it for the above hospital expenses, so he did not have the intent or ability to pay the borrowed amount to the victim by the agreed date.

The Defendant received a total of KRW 13.7 million from the victim on February 7, 2012 to March 7, 2012 by the same four occasions.

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

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on details of passbook transactions;

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

1. The sentence shall be imposed in consideration of the following: (a) the reasons for sentencing under Articles 25, 31(1), (2) and (3) of the Act on Special Cases concerning the Promotion, etc. of Compensation Orders and Provisional Execution Sentence; (b) the victim wants to be punished by the defendant; (c) the victim has no effort to recover damage; (d) the victim has fled during trial; (c) the majority of the same kind of criminal records and the previous criminal records have been committed; and (c) the sentence shall be imposed in consideration of the circumstances favorable to the fact that there have been a number of previous criminal records during the last ten years; and (d) the range of recommended sentences according to the sentencing guidelines [the scope of recommended sentences [the basic area (within KRW 100,000] shall be determined as the disposition.