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

Punishment of the crime

On September 25, 2016, the Defendant concluded that “C” restaurant operated by the Defendant in Gwangjin-gu Seoul Special Metropolitan City, which reads that “if money is needed to extend the store, if money is lent KRW 10 million, the Defendant will pay interest of KRW 300,000 per month and the principal will be repaid after one year.”

However, at the time, the Defendant was in a considerable amount of KRW 30 million, and the Defendant used high rate of days or bonds to prevent this from being returned, and even if he borrowed money from the victim, he did not have the intent or ability to repay the borrowed money as above, because he did not think that the Defendant would have repaid the existing debt in the form of return or used it as a living expense such as card price.

Nevertheless, the Defendant received KRW 129,300,000,000 from the victim to April 15, 2019, in total, 19 times from six victims, such as the statement in the list of crimes in the attached Table, from around 19 to around 15, 2019, the Defendant received KRW 129,30,000 from the victim.

Accordingly, the defendant was provided property by deceiving the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to each police statement made to D, E, F, G, H, and I of the details of account transactions in each police account receipt (D name, J, Company) and investigation report (G, K), the details of account transactions in the bank (E), the credit report for the public institution responsible for remittance, the comprehensive credit report lease contract, the business lease contract, and the details of account transactions in the bank account statement (A) to the Act and subordinate statutes;

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

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. The recommended range of punishment according to the sentencing guidelines [the decision of type] shall be limited to fraud [the type 2], the amount of more than KRW 100 million, and less than KRW 500 million (the special person], and the recommended range of punishment shall be limited.