A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On June 13, 2012, the Defendant stated that “C Party Mayor” located on the 3rd floor, Nam-gu, Incheon Metropolitan City, “Seoul Metropolitan City, is conducting real estate sales business, and there is insufficient funds for loan purchase. If the Defendant borrowed KRW 30 million, the principal shall be repaid up to December 31, 2012, and the interest shall be paid up to 10% every month. If the Defendant fails to perform this, the Defendant shall be paid 10% of the principal.”

However, in fact, the Defendant did not intend to use the borrowed money from the victim as the borrowed money. Since the actual lessee of the above party funeral is E, there was no intention or ability to repay the debt to the victim with the security deposit in the above party funeral, and there was no other intention or ability to repay the borrowed money to the victim.

The Defendant, by deceiving the victim as such, received five million won from the victim to the NongHyup Bank account (F) in the name of E on June 11, 2012, and received the same year.

6. 13. The above account received 25 million won in total from the remittance. It received 30 million won in total.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of the details of trading complaint and automation machinery;

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. Application of the sentencing criteria (decision of type) : General fraud (less than 100 million won) (the scope of recommendations) - June - January 1st and June (basic area);

2. The circumstances are favorable to the defendant, such as the fact that the defendant in the decision of sentencing has divided and reflected his mistake, that the defendant has no particular criminal record in addition to being punished twice by a fine, and that part of the amount has been paid to the victim.

However, even though the amount of defraudation is not so big, the damage has not been properly recovered until now, the escape was in the course of the trial of this case, and the victim is trying to punish the defendant.