A defendant shall be punished by imprisonment for a term of one year and two months.

Punishment of the crime

On November 11, 2018, the Defendant made a false statement to the effect that “The Defendant is running a business related to small-sum settlement fee for mobile phones. If the Defendant borrowed a business fund, he/she would settle accounts with the partner and make payments by November 19, 2019.”

However, in fact, the defendant only thought that he will receive money from the victim to use it as Internet gambling funds, living expenses, etc., there was no business related to mobile phone small-sum settlement fees, and even if he received money from the victim, he did not have the intent or ability to pay it as agreed upon.

Nevertheless, as above, the Defendant, by deceiving the victim as above, received KRW 3,00,000 from the victim to the Kakao Bank Account (Account Number: C) in the name of the Defendant on the same day, and acquired the amount of KRW 284,885,00 in total from November 3, 2018 to March 20, 2019 from around November 3, 2018 to March 20, as shown in the annexed crime list, by remitting the amount of KRW 284,885,00 in total from the victim to the above account in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A complaint;

1. A certificate of borrowing;

1. A specification of transactions;

1. Detailed statement;

1. Details of account transactions;

1. Credit information history;

1. Sending investigation data;

1. Investigation report (related to a suspect);

1. Investigation report (victim B telephone communications);

1. A criminal report (related to the Canadian dialogue content);

1. A report on investigation (revision of a list of crimes);

1. Investigation report (to hear victim's telephone statements);

1. Kakakao CD copies;

1. Application of the Kakao Stockholm statutes

1. The relevant Article of the Criminal Act and Article 347(1) of the Criminal Act (Overallly, the choice of imprisonment with prison labor) to determine the grounds for sentencing;

1. Extent of the recommended sentence according to the sentencing guidelines [decision of types]: General Fraud [Type 2] and above KRW 100 million, and below KRW 500 million (specially punished persons] and mitigation factors: Aggravating factors where punishment is not granted or significant damage has been recovered: An unspecified or a large number of victims;