A defendant shall be punished by imprisonment for not less than three months.

Punishment of the crime

On November 18, 2011, the Defendant stated that “A victim C shall be paid interest on KRW 3 million, since living expenses are required,” to the victim C.

However, the Defendant did not have any intent or ability to repay the principal to the victim even if he/she borrowed money from the victim because the monthly income at the time was KRW 1.5 million, while the monthly expenditure was at least KRW 2 million, and the monthly expenditure was at least KRW 10 million, without any particular property, and the Defendant did not have any intent or ability to pay the principal to the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 2,80,000, excluding the advance interest of KRW 120,000,000 from the victim, to a new bank account (E) in the name of the Defendant’s mother, as well as received KRW 3,085,00 in total over 10 times by September 8, 2012, as shown in the separate crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to account transactions and investigation reports;

1. Although the relevant statutory provisions regarding criminal facts and Article 347(1) of the Criminal Act’s reasoning for sentencing do not significantly amount, the victim’s suffering was increased because the Defendant left the Republic of Korea without any contact with the victim for a considerable period of time after the Defendant left the Republic of Korea without any contact, and thus the victim’s intent to punish was clearly expressed, the victim’s efforts to recover damage was insufficient, and other circumstances, such as the Defendant’s age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, etc., shall be determined as above, taking into account the following circumstances.

It is so decided as per Disposition for the above reasons.