A defendant shall be punished by imprisonment for six months.

Punishment of the crime

Around February 7, 2013, the Defendant stated that, within the office of a dispute settlement council office in Busan Jung-gu, Busan, the Defendant borrowed KRW 10,000,000 from the victim D to pay money for transportation business.

However, at that time, the Defendant did not have any property or income in the name of the Defendant, and the debt was approximately KRW 300 million, and there was no intention or ability to repay the debt even if he borrowed money from the Defendant’s family members and the neighbors.

Nevertheless, as above, the Defendant, by deceiving the victim, received KRW 10 million from the victim to the national bank account in the name of the Defendant, and acquired it by deceit. From around that time to September 25, 2014, the Defendant acquired KRW 71 million in total over 17 times, such as the list of crimes in the attached Table, and acquired it.

Summary of Evidence

1. The defendant's partial statement and witness D's legal statement;

1. Details of account transactions and details of entry and withdrawal transactions;

1. Application of Acts and subordinate statutes to a report on investigation (depositer to a fund user);

1. The relevant Article of the Criminal Act and Article 347(1) of the Criminal Act ( comprehensively taking into account, the grounds for sentencing of imprisonment) concerning the crime;

1. The scope of recommendation types based on the sentencing criteria (type 1): Imprisonment with prison labor for not more than six months to not more than one year and six months;

2. Decision of sentence: Six months of imprisonment (the sentence shall be determined as ordered in consideration of various circumstances, such as the defendant's age, character and behavior, family environment, motive and means of a crime, and circumstances after a crime, etc., which are shown in the records of this case, since it has been committed by the defendant by deceiving the victim, thereby making it inevitable to punish the victim as it has not been properly affected by the present time).