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

Punishment of the crime

On January 29, 2016, the Defendant made a false statement to the victim C to the effect that “The Defendant would repay KRW 1 million including the money borrowed prior to the loan of KRW 300,000,000,000, including the money borrowed, due to an injury that occurred while driving.”

However, the Defendant did not have any traffic accident, and the Defendant thought to use the money borrowed from the injured party for the cost of living due to absence of a certain occupation, so even if he borrowed money from the injured party, he did not have any intention or ability to repay it.

Nevertheless, the Defendant, as seen above, was issued KRW 56,357,360,00 in total on seven occasions as shown in the list of crimes in the separate sheet of crime from January 26, 2016 to March 3, 2017, including the receipt of KRW 300,00 from the victim to the new bank account (D) in the name of the Defendant on the same day as the loan money from the victim.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of statutes by cutting down screens, financial transaction details, Kakao Stockholm messages by cutting down the accusation book, text message, and Kakao Stockholm messages;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. It is so decided as per Disposition on the grounds of the former part of Article 37, Article 38(1)2 and Article 50 or more of the Criminal Act for the aggravation of concurrent crimes;