A defendant shall be punished by imprisonment for two years.

Punishment of the crime

While the Defendant was married to his wife C, the Defendant was approaching the victim D through SNS Kakao, and was in an internal relationship between around five months from February 2016 to around five months.

On March 28, 2016, the Defendant was unable to receive the Defendant’s “F” pension from the Defendant’s “F” pension owned by the Defendant in Sinnam-si, Kim Young-si, and the Defendant called the Defendant to the Defendant and was conducting an auction by selling the money to the penta, and there is insufficient money to be paid for the deposited money.

If 30 million won of deposit and 5 million won of attorney's fee are loaned, the deposit will be refunded again.

“.....”

However, the defendant did not have any intention or ability to pay money even if he received money from the injured party and thought to use it as living expenses.

The Defendant, as such, by deceiving the victim, received a remittance of KRW 350 million from the injured party on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Details of account transactions, copies of passbooks, certified copies of registers, recording records, and account details;

1. Application of Acts and subordinate statutes to each investigation report (Submission of a real estate sale contract, submission of the details of bankbooks in G, confirmation of the place of use of KRW 2 million out of the borrowed money of KRW 35 million, and submission of written applications, written applications, etc.);

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense, Article 347 (1) of the Criminal Act concerning the selection of punishment, and reasons for sentencing of imprisonment;

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] general fraud (the amount of at least KRW 100 million, and less than KRW 500 million) basic area (one year to four years) (the person subject to special sentencing).

3. The Defendant, who was sentenced to sentence, concealed the fact of marriage and maintained the relationship of internal relationship with the victim, committed the instant crime by using the fiduciary relationship.