A defendant shall be punished by imprisonment for six months.

Punishment of the crime

Around June 4, 2008, the Defendant stated that “A victim C shall own all of D and cerebral celey in a gold construction site. There is no money to purchase timber, which is a building material, and if the Defendant borrowed 20 million won because there is a lot of money if he/she sold the trees, he/she will purchase it and repay 40 million won after one year after selling it.”

However, the Defendant merely thought that even if he purchased a tree with borrowed money, it would lead to profits from the sale of the tree. However, even if he/she borrowed money without any specific place to sell it, he/she did not have the intent or ability to repay the borrowed money.

As such, the Defendant, by deceiving the victim, received 20 million won from the victim to the agricultural bank account under the name of the Defendant, i.e., remittance from the victim.

Summary of Evidence

1. Partial statement of each police interrogation protocol against the accused;

1. Statement to C by the police;

1. Application of a specification of transactions, a copy of a notarial deed;

1. Relevant Articles of the Criminal Act and reasons for sentencing under Article 347 (1) of the Criminal Act of the option of imprisonment for a crime;

1. The scope of the recommended sentence on the sentencing criteria (the determination of types of fraud) which is less than KRW 100 million (the determination of the recommended area) basic area [the scope of the recommended area] shall be sentenced to imprisonment for six months from six months to one year and six months;

2. Determination of sentence: Six months of imprisonment; and