A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The defendant is a person who operates the business of installing card terminals and cards in the name of "D" on Gangnam-si C and the second floor.

On April 20, 2014, the Defendant, at the above “D” office around April 20, 2014, intended to engage in a service of lending to the victim E the card size, and to supply coffee to the coffee specialty store.

In doing so, it was false to the effect that the money borrowed the money. It was 10% interest per annum and repaid the money.

However, at the time, the Defendant had no movable or immovable property in the name of the Defendant, and had a debt of KRW 70 million with the F company that is a card terminal company, G company, and KRW 25 million with a bad credit because the card terminal business did not run well, and even if the card terminal business received money from the victim as above, he did not use it as a cost for retail sales, and did not use it for personal purposes such as living expenses or repayment of debts, etc., and did not have any intent or ability to repay the money to the victim even if he borrowed money.

As above, the Defendant: (a) by deceiving the victim; and (b) received delivery of KRW 30 million,00,000,000,000 from the victim; and (c) around June 24, 2014, KRW 80,000,000 from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a report on investigation (the details of use of the amount deposited);

1. Relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act on the selection of punishment, and Article 347(1) of the Criminal Act on the selection of punishment, and Article 347 of the same Act on the grounds that there is no ability to repay the same kind of crime, and the circumstances after the commission of the crime are poor, although the crime that did not endeavor to recover damage after the lapse of at least one year and six months and the circumstances after the crime are not good, the payment is made in the course of operating the coffee shop at present, and approximately KRW 40 million is repaid after the completion of the actual argument, the punishment shall be determined within the scope of the recommended sentence on the sentencing guidelines ( Imprisonment with prison labor for 6 months - one year and six months: fraud crime, type