A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On December 11, 2015, the Defendant extended KRW 500,000 to the victim C with “10 million interest,” and paid the principal within 20 days.

“.....”

However, in fact, the Defendant was in bad credit standing due to the delinquency in debt to financial institutions at the time, and only 4 million won was paid to financial institutions. Since there was no special property or income, there was no intention or ability to repay the principal and interest within the agreed time limit, even if he borrowed money from the victim.

The Defendant, as such, made a false statement to the victim and received from the injured party one copy of a check in front of the victim's own 10 million won under the pretext of the borrowed money.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. A loan certificate and a statement of issuance by real name number before a check;

1. Application of statutes on the details of each text message;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The crime of this case with the reason for sentencing selecting the sentence of imprisonment with prison labor is a situation unfavorable to the defendant, where the defendant deceivings the victim and defrauds the victim with the name of the borrowed money. In light of the details of the crime and the method of the crime, the nature and the circumstances of the crime are heavy, the defendant has not yet been able to receive any punishment from the damaged person, and the fact that no particular damage has been recovered.

On the other hand, the fact that the defendant has no record of being punished for the same crime or of being punished exceeding the fine is favorable to the defendant.

The conditions of sentencing as shown in the argument of this case, such as the age, sex, intelligence and environment of the defendant, motive, means and consequence of the crime, and the circumstances after the crime, including various favorable or unfavorable circumstances to the defendant, and the recommended sentencing guidelines set by the Supreme Court sentencing committee (the fraud crime, general fraud, and general fraud).