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

An applicant for compensation shall be dismissed.

Punishment of the crime

On November 201, 201, the Defendant stated, by telephone, that “The Defendant loaned KRW 20 million to the Victim G with the intention to import the quantity of one salted container to be salted in China, and the shortage of money may be subject to credit, and the amount of money may be repaid up to 10 days, and the amount of money may be repaid up to one month, and the proceeds shall also be divided.”

However, the Defendant did not agree to trade on credit with the trading partner in the absence of money even though it is necessary to secure funds equivalent to KRW 100 million in order to import the salted fish of a container quantity. However, even if the Defendant received money from the injured party, he did not have the intent or ability to purchase the salted fish and pay the money to the injured party or to pay the profits.

Nevertheless, on November 17, 201, the Defendant, by deceiving the victim, received 20 million won from the damaged person to the account under the name of the Defendant and acquired it by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A witness G and H’s legal statement;

1. The statement of the defendant and G in the protocol concerning the examination of the suspect against the defendant;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to a copy of a bankbook of one bank, the complainant’s text and telephone;

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

1. The grounds for sentencing in Articles 32(1)3 and 32(2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuit to Dismiss Application for Compensation [the scope of recommending punishment] [the grounds for sentencing in Article 32(1)3 and 32(2)] of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for the Dismissal of Application for Compensation] lack [the person who is subject to special sentencing] [the amount of damage] [the defendant did not reach an agreement with the victim]; the defendant did not oppose the defendant while denying the crime in this case; the defendant does not object to the denial of the crime in this case; the part of the damage was recovered; and the circumstances and contents of the crime in this case, etc., the punishment is determined as the order after being exempted

Judgment on Defendant’s argument

1. A person who has suffered damage;