A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On July 25, 2013, the Defendant called, at the Defendant’s house located in Guro-gu Seoul Metropolitan Government 3 Dong 106, the Defendant called, “If it is necessary to pay the amount to be repaid instead of the existing loan of the customer applying for the loan, 5 million won will be paid within one month by applying the interest rate of 0.2% per day.”

However, even if the defendant received the above money from the victim, he was planned to use it for the repayment of his personal debt, not for the repayment of the customer's loan, and there was no other property owned by the victim and there was no intention or ability to repay the money borrowed from the victim.

Ultimately, on July 26, 2013, the Defendant, by deceiving the victim as such, obtained 55 million won from the victim to the bank account under the name of the Defendant, and acquired 55 million won by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to each certificate of deposit transaction records and detailed investigation of transaction records;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. It is inevitable to sentence sentence an alternative sentence of imprisonment without prison labor on the ground that the content of deception is defective and that damage recovery is not yet made at all.

However, in the course of conducting monetary transactions with victims, etc. for a long time, it is erroneous for them to have committed the “compacting” due to financial reliance, the application for individual rehabilitation is currently pending and the obligation is repaid in good faith in the future, and any other favorable circumstances such as the absence of any previous conviction are determined to the same extent as the order, and the statutory detention is not made in order to provide them with an opportunity for repayment of damage.