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

Punishment of the crime

1. The Defendant, at the “D” coffee shop located in Gangnam-gu Seoul, Gangnam-gu Seoul around November 3, 2014, is to repay the victim B with a loan of KRW 80 million.

“......”

However, the defendant did not have any intent or ability to repay money, even if he borrowed money from the injured party, with the advance payment and sexual expenses, while working at entertainment establishments.

As such, the Defendant, by deceiving the victim, received 80 million won from the victim for the same day as the loan money from the victim, and acquired it by fraud.

2. On January 2, 2015, the Defendant’s fraud against the victim E would be paid KRW 20 million to the victim E in front of the Defendant’s house located in Gangnam-gu Seoul Metropolitan Government F, with interest of KRW 800,000 on February 2, 2015, and with interest of KRW 3 million per month from the following month.

“......”

However, the defendant did not have any intent or ability to repay the debt amounting to approximately KRW 100 million, even if he borrowed money from the injured party.

As such, the Defendant, by deceiving the victim as such, received KRW 20 million around the 3th day of the same month from the victim to the new bank account in the name of G on the 16th day of the same month, and acquired KRW 21 million in total from the victim to the new bank account in the name of G.

Summary of Evidence

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement of each police statement with respect to E and H;

1. Application of the respective Acts and subordinate statutes, such as a loan certificate, a certificate of confirmation of transfer, a check of cash borrowing, and a statement of payment, promissory note, and judgment;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The scope of the recommended punishment on the sentencing criteria / [type] the scope of the recommended punishment / [type 2 (not less than KRW 100,000, less than KRW 500)] is dolusent.