A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

The Defendant is a substantial operator of “B” (hereinafter “B”).

On August 18, 2015, the Defendant showed a business plan stating that “B shall pay 2% interest after five months if the Defendant loaned 60,000,000 won to the victim D to create “F” in the office of “B” located in Jung-gu, Daegu-gu, Seoul-gu, to the victim D.

However, the Defendant was registered as a bad credit holder, and was unable to pay the down payment of KRW 200 million for the creation of the above “F.” At the time, the office rent of the “B” was delayed for five months, and the employee’s monthly wage was not paid, and even if he borrowed money from the victim, he did not think that it would be used for the deposited office rent and the monthly salary of the employee, etc., and there was no think that it would be used for the above construction, so there was no intention or ability to repay the borrowed money as agreed upon by the victim.

Around August 20, 2015, the Defendant, by deceiving the victim, received KRW 60 million from the Daegu Bank Account (Account Number: H) in the name of G designated by the Defendant.

Summary of Evidence

1. Each legal statement of D, I and J;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. A certificate of borrowing and a statement of passbook;

1. Application of Acts and subordinate statutes to a report on investigation (verification of Warships and Military Offices);

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting the crime, Article 347 (1) of the Criminal Act selection of the penalty, and reasons

1. Reduction elements of less than KRW 100,00 (special-purposes) (type 1) of fraud according to the sentencing guidelines: In a case where a person commits a deceptive act by willful negligence, or the degree of deceptive act is weak (the recommended field and the scope of recommendations), reduction area, and one month to one year;

2. The defendant who made a decision to punish the victim by deceiving him/her, thereby deceiving him/her 60 million won, and the damage is considerable.