A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[Criminal Power] On March 18, 2015, the Defendant was sentenced to ten months of imprisonment for fraud, etc. at the Jung-gu District Court, which became final and conclusive on the 26th of the same month.

[2015 Highest 1512] The Defendant was working as an accounting staff of the field office C located in Gyeonggi-si, Gyeonggi-do, with the intent to acquire money by deceiving the victim because the agreement amount of the case was required at the time when the Defendant was tried to commit fraud.

1. On September 1, 2014, the Defendant stated that “Around September 1, 2014, the victim’s Fcafeteria operated in Gyeonggi-si, Gyeonggi-do would pay money to the victim immediately if it is necessary to pay money from the company.”

However, in fact, the company did not require money, but did not have the intent or ability to repay the money even if the defendant borrowed the money from the victim under the circumstances where the defendant did not own property at the time, and there was no obligation equivalent to 55 million won.

According to the evidence duly adopted and examined by this Court on September 2, 2014, the Defendant: (a) by deceiving the victim and deceiving the victim; and (b) transferred KRW 15 million to the Defendant’s post office account; and (c) recognized the fact that the victim E transferred KRW 15 million to the Defendant’s post office account.

Even if the correction is made, it is judged that there is no substantial disadvantage in the defendant's exercise of the right of defense.

The amount of KRW 15 million has been transferred to the defendant's post office account as the borrowed money.

2. On October 16, 2014, the Defendant stated, “Around October 16, 2014, the victim E stated that “A company need to pay money, and the C site is completed immediately, he/she shall additionally lend KRW 9 million to the victim E.”

However, in fact, it is not necessary to pay money in the company, but it was thought that the defendant was used as the agreed amount of the case that was tried in the crime of fraud.