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

Punishment of the crime

Around February 18, 2018, at a place not known to the Defendant, the Defendant made a false statement to the victim B, stating, “The Defendant would lend KRW 15 million to 15 million, and pay interest to 1.5 million.”

However, in fact, from February 1, 2018, the Defendant was making gambling through a gambling site with money from C, etc., and there was no property in the name of the Defendant, and the Defendant was in excess of his/her obligation because he/she had to repay the loan to the above C, etc., and at the time, the Defendant was unable to operate the “D shop” operated by the Defendant, and the Defendant was expected to use not only the Defendant had no intent or ability to repay the loan, but also most of the borrowed money for gambling or personal debt repayment, etc.

In this context, the Defendant received KRW 15 million from the victim’s E Bank Account (Account Number:F) in the name of the Defendant, and received KRW 15 million in total from around that time to May 31, 2018, by deceiving the victim by the above method, and by remitting KRW 11.5 million in total from the victim, as shown in the annexed crime list from around that time to May 31, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. G passbook copies, notarial deeds, and details of personal financial transactions;

1. Application of the Acts and subordinate statutes to the complaint;

1. The relevant Article of the Criminal Act and Article 347 (1) of the Criminal Act that prescribes the applicable criminal facts, the reasons for sentencing choice of imprisonment with prison labor;

1. Scope of punishment: Imprisonment with prison labor for not less than one month but not more than ten years;

2. The scope of recommended sentences according to the sentencing guidelines [the range of recommended sentences]: Fraud, general fraud, and Type 2 (the amount between KRW 100,00 and below KRW 500,00) (the range of recommended sentences] basic areas: One year to four years.

3. Determination of sentence: The crime of this case by the defendant for 10 months of imprisonment is that it is not good that the sum of KRW 100 million has been acquired from the victim four times in order to gambling, etc., and the crime is not committed.