A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

On November 3, 2011, the Defendant called the victim C by phoneing it to the Republic of Korea on November 3, 2011, and made a false statement that “I will pay back with interest accrued after the temporary use of the business fund. I am golf in the Republic of Korea, there are five apartment bonds in Incheon, and the head of the drinking house before the Suwon Station. This is well-known. In doing so, I want to help you return the money by August 201. If you send the money to return the money by the time of August 2012, I want to help you move back. As we are in the future in Gangwon-do land, I do not know.”

However, at the time of fact, there is 196,265,455 won in the account of one bank in the name of the defendant, and even if the defendant borrowed money from the victim due to the lack of apartment, drinking house, real estate, etc., there was no intention and ability to pay the principal or interest.

Nevertheless, the Defendant, by deceiving the victim as above, obtained KRW 30 million from the victim on November 3, 201, KRW 30 million on March 6, 2012, KRW 10 million on March 14, 2012, KRW 15 million on April 10, 201, and acquired KRW 85 million in total from the victim and acquired KRW 85 million on April 10, 201.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution (including the C’s statement part);

1. Statement to C by the police;

1. A complaint;

1. Application of Acts and subordinate statutes on a copy of passbook and a detailed statement;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting the crime, Article 347 (1) of the Criminal Act selection of the penalty, and reasons

1. The basic area (6 to one year and six months) (special sentencing factors) of types 1 (less than 100 million won) shall not be included in the sentencing guidelines (the scope of recommendations).

2. The specific grounds for sentencing do not indicate the amount of damage from the instant crime as KRW 85 million, and the victim wishing to punish the Defendant with strong economic and living difficulties. The victim’s degree of total KRW 25.6 million by August 2015 is that the Defendant would return the principal, interest, or the amount of damage.