A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On January 25, 2018, the Defendant stated, by telephone, that “The Defendant would operate a swine farm business with a person who worked in Jeju-do as the same way in Jeju-do. If the Defendant borrowed KRW 60 million to the farm business, it will be used for the farm business, and the Defendant will pay all money within one year on the face of six months or path.”

However, in fact, the Defendant used the money received from the victim for the purpose of paying living expenses and interest on loans. Thus, even if the Defendant borrowed money from the victim, there was no intent to use the money for the business of a swine farm, and there was no asset in possession of the money. On the other hand, even if the Defendant borrowed money from the victim due to economic circumstances, such as there was no obligation to pay approximately KRW 1622,00,000, and there was no intention or ability to pay the said money within six months or one year.

Nevertheless, on January 26, 2018, the Defendant, by deceiving the victim as above, received a total of KRW 60 million from the Defendant’s account in the name of the Defendant to the Nonghyup Bank (C) account in the name of the Defendant at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes concerning specification of transactions;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting the crime, Article 347 (1) of the Criminal Act selection of the penalty, and reasons

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [decision of types]: General Fraud [Type 1] and there is no person below KRW 100 million [the scope of recommendations and recommendations] (the scope of recommendations field and recommendations] basic area, imprisonment with labor for six months to one year and six months [the general person] - The use of personal trust relationship:

3. Determination of sentence: Six months of imprisonment (the fact that confessions and the fact that part of the amount of damage has been repaid shall be considered in favorable circumstances);