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

Punishment of the crime

On May 6, 2017, the Defendant made a false statement to the effect that “The Defendant would lend money to the victim B for a credit card company loan.”

However, the defendant was in excess of his/her obligation at the time, and even if he/she received a monthly salary from the company, he/she did not have the intent or ability to pay to the victim by receiving a monthly salary from the company even if he/she borrowed money from the victim.

Nevertheless, the Defendant received KRW 1,50,000 from the victim to the company bank account (C) in the name of the Defendant on the same day, and received total KRW 19,393,304 from around that time to September 12, 2017, such as the statement in the list of crimes in attached Form 21.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning B;

1. Written complaint;

1. A report on investigation (report on details of transactions in the account to be submitted by suspects) and a statement of transactions by account to be attached;

1. Answer to a request for cooperation in investigation;

1. Application of the statutes governing the details of text notes and a copy of a specification of transactions;

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. The basic area (6 to one year and six months) of the sentencing criteria (the scope of recommendations) for general fraud (the amount of less than 100 million won) shall not be included; and

2. Even though the Defendant had been sentenced to imprisonment for the same kind of crime, he committed the instant crime, and in the process, he continued to commit the instant crime by taking advantage of the fiduciary relationship with the victim despite being aware of the financial difficulties of the victim. Accordingly, the victim is subject to the individual rehabilitation procedure.