A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

On May 30, 2013, the Defendant made a false statement to the victim E at “Dcafeteria” operated by the Defendant in Ulsan-gun, Ulsan-gun, U.S., that “if he/she lends money to another person, he/she would lend the money to another person, and return the principal and high interest by lending the money to him/her.”

However, in fact, the Defendant was liable for a large amount of the Defendant’s liability, and the Defendant’s D cafeteria operated by the Defendant was difficult to operate the cafeteria, such as the enemy, and even if she borrowed money from the victim, it did not intend to lend money again to another person. Since most of the borrowed money was thought to be used as the cafeteria’s operating fund, there was no intention or ability to repay the borrowed money from the victim.

As such, the Defendant, by deceiving the victim and being transferred KRW 19 million from the victim to the Agricultural Cooperative account in the name of F of the Defendant, and received KRW 17.2 million in total from May 30, 2013 to August 27, 2013, as stated in the separate crime list, from the above victim seven times, as stated in the separate crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes of a notarial deed, a detailed statement of transactions by account, a copy of loan certificate, and each detailed statement of transactions;

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

1. 경합범가중 형법 제37조 전단, 제38조 제1항 제2호, 제50조 양형의 이유 양형기준 : 징역 8월 ~ 4년 ☞ 일반사기 2유형 기본영역(징역 1년 ~ 4년)이나, 이 사건 범행들 중 가장 중한 사기죄가 일반사기 1유형에 해당하므로 하한 1/3 감경 편취규모, 피해미회복, 피해자의 처벌희망의사를 종합하되, 기록과 변론에 나타난 전과관계(집행유예 이상 전력 없고, 사기죄로 처벌받은 전력 없음), 범행경위, 반성태도 등 여러 정상 아울러 참작하여 주문과 같이 형을 정함