A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On May 3, 2007, the Defendant made a false statement to the victim C (hereinafter “D” as stated in the indictment) by telephone to the effect that “I will be in the progress of the auction procedure against the bath bath. I will not be able to repay the money borrowed prior to the operation after receiving a successful bid for the bath in the name of his/her assistant. The principal shall be paid one copy per month for interest. The principal may be paid once a month. The real estate in the name of his/her assistant is so easy and enough money may be paid if I sell the bath bath.”

However, in fact, the Defendant defaulted on the household checks issued from November 10, 2005 to September 25, 2006 on the ground of the shortage of deposits. From December 15, 2001, the amount borrowed from the victim from December 15, 2001 exceeds KRW 200 million and the amount borrowed from the victim to other persons. Since the Defendant was a bad credit holder at the time, there was no other property, there was no intention or ability to repay the amount even if he borrowed money from the victim.

The Defendant, as such, by deceiving the victim, received from the victim a remittance of KRW 10 million to the account in the name of E, his/her parent, under the pretext of borrowing money from the victim on the same day.

In addition, the Defendant received a total of KRW 57 million from May 18, 2006 to May 3, 2007, in total, four times, as shown in the annexed crime list, as shown in the annexed crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against C;

1. Application of the provisions of two Acts and subordinate statutes to a loan certificate, loan certificate, deposit certificate, notarial deed, content certificate, copy of the register, book copy, mortgage contract, loan transaction agreement, and copy of the register; and

1. Article 347 (1) of the Criminal Act as to the facts constituting the crime;

1. Selection of each sentence of imprisonment;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of recommendation types based on the sentencing criteria, basic areas of types 1 of general fraud (less than KRW 100 million): Imprisonment with prison labor for six months - January 1;

2. Determination of sentence - Determination of favorable circumstances: the remittance of 10 million won for the victim, reflectivity, and unfavorable circumstances; 5 years; and