A defendant shall be punished by imprisonment for four months.

Punishment of the crime

The Defendant is a person who engages in the Do retail business (fisheries in the present military production D) and the victim F is a person who engages in the automobile maintenance business ("G") in the Jung-gu Incheon Metropolitan City, Jung-gu, Incheon.

On May 9, 2015, the Defendant made a false statement to the effect that “Around May 9, 2015, the Defendant was hospitalized with the victim in the same hospital located in the GI Hospital located in Bupyeong-si, Gyeonggi-do, the Defendant made a false statement to the effect that “A victim would make payment to the victim within three months, with a defect of 1.5 million won in the car maintenance plant, with a defect of work, 2 million won in the monthly payment, 400,000 won, and 30,000,000,000 won in the vehicle maintenance plant.”

However, around that time, the Defendant was in bad credit standing due to overdue payments of the credit card amounting to eight million won. In addition, the Defendant’s wife’s debt amounting to about 28.7 million won from the lending company and KRW 13 million from the insurance company through the insurance company, etc. In addition, the Defendant’s “C” did not pay KRW 4.7 million out of the amount of tax imposed in 2015, which was 8.2 billion won. By March 2015, 2015, it was difficult for the Defendant’s employees’J working in the workplace of the Defendant to operate up to 3.75 million won in total. Accordingly, even if the Defendant borrowed money from the damaged party, the Defendant did not have any intent or ability to pay the victim within three months.

Nevertheless, the Defendant, as such, by deceiving the victim as such, received a total of KRW 10 million from October 15, 2015, around October 16, 2015, around KRW 12 million from October 16, 2015, and KRW 13.7 million from October 19, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to F;

1. Response to information on age assessment, and the application of statutes on cooperation in investigation;

1. Article 347(1) of the Criminal Code of the pertinent legal provision on criminal facts (the fact of fraud, the criminal intent is single, and the victim and the method of committing the crime are the same and both are deemed to be one crime), and the decision of imprisonment is made.