A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On August 9, 2017, the Defendant stated that “A” with the trade name of “C,” and that “A victim D, who operates singing rooms at the next shop, shall be repaid within KRW 700,000,00 to 2-3 if he/she borrowed money from his/her employee’s monthly pay.”

However, at the time, the Defendant was not able to repay approximately KRW 15 million from savings banks, loan companies, etc., approximately KRW 3.7 million from other persons or customers. The Defendant was able to pay KRW 15 million for the premium of drinking house, KRW 6 million to other persons, and KRW 6 million for the work cost in excess of his/her obligations, and he/she was able to use money from the victims for repayment of existing obligations, wages of employees, funds for the operation of drinking house and living expenses, etc., and there was no intention or ability to pay such money within the short period.

Nevertheless, the Defendant, by deceiving the victim, received KRW 700,000 from the victim to the E bank account under the name of the Defendant on the same day, and received KRW 27,200,000 from the victim six times in total, from the beginning of February 2018, as indicated in the list of crimes, from the time when the Defendant was transferred to the E bank account under the name of the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement made to D by the police;

1. Recording notes, records of transactions, confirmation of income amount, details of loan transactions, details of account transactions, and application of credit information-related Acts and subordinate statutes;

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

1. Of concurrent crimes, the sentencing conditions indicated in the records, such as the circumstances and age of the defendant, environment, motive, means and consequence of the crime, as stated below the reasons for sentencing under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act, among concurrent crimes, shall be determined as ordered in consideration of the sentencing conditions stated in the records;

However, there is no possibility that the defendant will destroy evidence or flee, and the defendant is given an opportunity to agree with the victim.