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

Punishment of the crime

On August 29, 2014, the Defendant made a false call to the victim C at the Defendant’s residence located in smuggling-si, and concluded that “The Defendant would lend money to the necessary person and pay the principal and interest borrowed with the interest accrued therefrom.”

However, at the time, the Defendant did not lend money to others, and the Defendant did not have any intention or ability to pay the money even if he borrowed money from the victim because there was no particular income to use the money as living expenses, etc.

As above, the Defendant, by deceiving the victim, received five million won from the victim to the national bank account (D) in the name of the Defendant on the same day from the victim, and acquired the total amount of 93,800,000 won from August 29, 2014 to September 1, 2015, as shown in the List of Crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. It is recognized that the relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act on the selection of punishment, the Defendant’s reason for sentencing a sentence of imprisonment with prison labor is an initial offender who has no criminal record, and his mistake is divided.

However, the fact that the crime of this case is not good, the damage amount is considerable, but most of the damage amount is still not recovered, and thus the injured person wants to be punished strictly by the defendant. In addition, considering the defendant's age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime, the punishment as ordered shall be determined by taking into account the sentencing conditions specified in the arguments of this case, such as the defendant's age, sex and environment, motive, means