A defendant shall be punished by imprisonment for four months.

Punishment of the crime

The defendant was married with the victim B in 1993 and was divorced by agreement in 2001.

1. On March 2014, the Defendant borrowed the victim’s “D” store operated by the injured party in Heung-gu Seoul Metropolitan City, Chungcheongnam-gu, from “D” store, to repay the victim KRW 5 million as he/she needs to pay money for business up to 3-4 months.

“........”

However, in fact, the defendant thought that he will use the money borrowed from the damaged person as a living expense in bad credit, and even if he borrowed money from the damaged person, he did not have the intention or ability to change it within the above period.

As such, the Defendant, by deceiving the victim, was immediately given five million won in cash from the injured party.

2. On May 28, 2014, at the place indicated in paragraph 1 around May 28, 2014, the Defendant loaned to the victim an amount of money for business KRW 10,000,000,000,000,000,000 for business, and, at latest, would be repaid without a mold until December 2014.

“........”

However, in fact, the Defendant had not given a certain amount of income, and was thought to use the money borrowed from the damaged person as a cost of living, and even if he/she borrowed money from the injured person, he/she did not have an intent or ability to pay it to the injured person or pay it within the time limit.

The defendant deceivings the victim as above, and was immediately delivered 10 million won in cash from the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecutor with respect to B;

1. Application of the statutes governing a copy of a loan certificate;

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice 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 basic area (from June to June) of the sentencing criteria [the scope of the recommended punishment] and the basic area (from June to June) of the type No. 1 of the general fraud (the scope of the recommended punishment is less than KRW 100 million) (the person who has no special sentencing seal);

2. The circumstances under which the sentence of sentence is rendered, and the age, occupation, sex, family relationship, and post-crime of the defendant.