A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant pays 200 million won to the applicant for compensation by fraud.

3.2

Punishment of the crime

On March 2, 2010, the Defendant stated to the effect that, at Facheon-gu Facheon-si, Seoul Special Metropolitan City branch office, the Defendant borrowed money from the Facheon-gu Facheon-gu Facheon-si, to the victim D to take over the shares of a partner solely because the partner was in charge of the operation of the Hacheon-gu G, Gangnam-gu, and the partner was urgently required to take over the shares of the partner. Unless there is any money, the Defendant borrowed money from the Fa bank that takes out a loan from the Fa bank that takes on the security of the party’s own term deposit, the Defendant would receive a loan from the bank and complete payment within this frame.

However, in fact, the defendant was unable to obtain additional loans due to the establishment of the first priority right on apartment in the name of the defendant's mother, and even if the defendant borrowed money from the victim due to the lack of property other than the market price of 60 million won, there was no intention or ability to pay the money.

As above, the Defendant was accused of the victim and was transferred KRW 199,850,00 to an enterprise bank account in the I’s name used by H who was engaged in the said head office from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Application of deposit receipt and loan certificate Acts and subordinate statutes;

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

1. Reasons for sentencing under Articles 25 (1), 31 (1), (2) and (3) of the Act on Special Cases concerning the Promotion, etc. of Orders for Compensation and Sentence of Provisional Execution;

1. The scope of the recommended sentence on the sentencing criteria [the scope of the recommended sentence] general fraud types 2 (at least 100 million won, less than 500 million won) and the basic area (one to four years) (the special person) of the sentencing criteria;

2. The fact that the Defendant recognized the instant crime and reflected in the determination of the sentence, and that there is no criminal record above the same kind and suspended execution, the fact that there is no agreement with the victim shall be considered in favor of the victim, respectively, and that there is no agreement with the victim, and the age of the