A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On April 28, 2009, the Defendant received from the victim to his own account KRW 20,000,000 on the same day from the victim, and received from the victim four times from December 21, 2009, the sum of KRW 52,00,000 from the victim to December 21, 2009, respectively, for four times, as shown in the attached crime list, even if the Defendant borrowed money from the victim D but did not have the intent or ability to repay it properly.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement made to D by the police;

1. The loan certificate;

1. Application of Acts and subordinate statutes to the receiver, each deposit certificate, and account transaction statement (Evidence Nos. 6 through 8);

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

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders [type of crime] - The general fraud category - the amount of profit of less than 100,000,000 won [the scope of field and recommendation] basic area - six months of imprisonment or more than one year and six months of imprisonment [Pronouncement Decision] - Six months of imprisonment; no particular effort is made to recover damage to the extent that the amount of damage caused by the instant crime is considerably large; on the other hand, the Defendant does not have any criminal power.