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

Punishment of the crime

On October 24, 2010, the Defendant made a false call to the victim C and made a false call to the victim C to purchase the forest land located in Heung-gu, Young-gu with money from his in-house and with it. On the loan of money, only one week shall be made, and the loan shall be made with the land secured by the AFF and the loan shall be paid with the loan from the AFF. The interest shall be KRW 5 million after one week.

However, since the Defendant was in a state of bad credit standing at the time, it was thought that he would borrow the above money for his own living expenses, etc., and even if he borrowed money from the victim, he did not have the ability to pay the agreed interest or pay the principal to the victim.

On October 27, 2010, the Defendant received KRW 10 million from the victim to the Agricultural Cooperative Account in the name of the Defendant’s son, and received KRW 15 million from the same account on November 22, 2010, and transferred KRW 15 million to the Agricultural Cooperative Account in the name of F on November 24, 2010, and received KRW 20 million from the Agricultural Cooperative Account in the name of E on December 2, 2010, and acquired KRW 15 million in total, such as issuance of one cashier’s checks on the street on the side of the bridge distance in the name of Yong-si, the Defendant acquired KRW 5 million on December 2, 2010.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Statement to C by the police;

1. A written guarantee;

1. According to the above evidence, even if the defendant borrowed money from the victim at the time of borrowing the money as stated in the facts charged, the fact that the principal and the agreed interest did not have the ability of the victim to repay is sufficiently recognized.

application of the laws and regulations

1. Relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act on the choice of punishment, grounds for sentencing of sentence [the scope of recommendation] general fraud and the basic area (one to four years) (one hundred million won or more, and less than five hundred million won) of punishment.