A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On December 2, 2013, the Defendant made a false statement to the victim C (Nam and 39 years of age) at the Defendant’s accommodation located in the Switzerland, stating that “The Defendant is engaged in the scrap metal business with the trade name of D located in Korea, and is in charge of the department department of D. B. B. B. 10,000,000 won is invested to B. B. 10,000 won, the Defendant paid 4% interest per month and repaid the principal six months later.”

However, the Defendant, as a bad credit holder, retired from the position of director D around August 2013, and from around August 2013, the Defendant purchased scrap metal with E and sold it to South Korea, but even if the Defendant borrowed money from the victim, such as the suspension of transactions with South and North Korea due to erroneous selection of scrap metal, the Defendant did not have any intention or ability to pay the principal and interest to the victim.

On December 5, 2013, the Defendant, by deceiving the victim as above, received 40,000,000 won from the victim’s post office account in the name of the Defendant from the victim as the borrowed money, and acquired 97,00,000 won in total from around the above time to March 20, 2014 from the above time as shown in the attached crime list.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of suspect against the accused by the prosecution (the first and second examination);

1. An interrogation protocol of the police against the accused (1, 2 times);

1. Each police statement of C and E;

1. Application of Acts and subordinate statutes concerning each investigation report, a detailed statement of passbook transaction, and a Kakao Stockholm conversation;

1. Relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act regarding the choice of punishment, the accused and the defense counsel’s assertion regarding the criminal defendant of the choice of imprisonment with labor, and the defense counsel had the intent and ability to return the above remittance amount with the benefit of selling 97,00,000 won at the time of the transfer from the injured party.