The punishment of the accused shall be determined by four months of imprisonment.

Punishment of the crime

Around November 2008, the Defendant made a false statement to the effect that “The Defendant would repay money to the Defendant’s wife within two to three months if the Defendant’s wife lends money to the Defendant’s husband and wife in need of KRW 20 million.”

However, in fact, the Defendant received money from the injured party for the repayment of personal debt, and the Defendant was liable for the amount of KRW 400-50 million at the time, so there was no intention or ability to pay the money even if he borrowed the money from the injured party.

Even so, the defendant deceivings the victim as above and obtained cash 20 million won from the victim, i.e., the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of suspect of the defendant;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense, Article 347 (1) of the Criminal Act concerning the selection of punishment, and reasons for sentencing of imprisonment;

1. The scope of the recommended punishment on the sentencing criteria [the types of decisions] the basic area [the scope of the recommended punishment] of Type 1 (less than KRW 100,00) (decision in the sphere of recommendation] (decision in the sphere of recommendation] from 6 months to 1 year and 6 months;

2. Determination of sentence: Determination of sentence: Determination of sentence within the scope of recommended sentencing guidelines is somewhat harsh to the defendant, considering all of the sentencing conditions shown in the arguments in this case, such as the following circumstances in the four months of imprisonment, the age, sex, environment, circumstances of the crime, and circumstances after the crime, etc.; accordingly, the determination of sentence shall be made within the scope of recommended sentencing guidelines. Thus, a decision of sentence shall be made in the same manner as the order is exempted

A favorable normal situation: There is no record of punishment for the same crime.

6.8 million won was repaid.

The crime has been led to a substitute confession, and the mistake has been divided.

Elderly and health conditions are not good.

Unfavorable circumstances: To borrow money to repay debts owed in the course of operating a restaurant after the establishment of the restaurant and to use money to operate the private teaching institute of his/her father and wife.

The case in which the injured person was accused is a matter.