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

Punishment of the crime

On January 29, 2010, the Defendant made a false statement to the victim D that “The Defendant borrowed KRW 14,000,000,000 each with interest rate of KRW 14,00,00,00 each time to reduce two additional interest rate.”

However, at the time, the Defendant was liable for approximately KRW 44,200,000 with no particular property, and the Defendant was in a situation where the wages to be paid to employees related to the subsidiary business of the mobile phone assembly of the mobile phone parts operated by the Defendant were tightly named as the wages to be paid to the employees of the Defendant. Since the money borrowed from the victim was thought to be invested in the same receiving company without any specific property, the Defendant did not have any intent or ability to pay the said money from the beginning.

Nevertheless, the Defendant, as seen above, received 61,539,814 won in total from around that time to June 15, 201, as indicated in the list of crimes in attached Table, including that the Defendant, by deceiving the victim and received 1,500,000 won from the victim’s seat as a loan, from the victim’s seat.

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

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. Statement made to D by the police;

1. A complaint filed in D;

1. Application of statutes on copies of passbooks;

1. Relevant statutory provisions for criminal facts, Article 347(1) of the Criminal Act for the choice of punishment, grounds for sentencing of sentence [the scope of punishment] one month to ten years [the decision of sentencing] fraud [the general fraud] below KRW 100 million [the scope of punishment for a special offender] [the scope of the recommendation field] [the scope of aggravated punishment] increased area, one year to two years [the general person] use of personal trust relationship (aggravated factor] [whether suspended execution is suspended] major illegal grounds: In a case where a person has committed a crime repeatedly over a considerable period of time: there is no criminal conviction above the suspension of execution [the decision of sentence] imprisonment with prison labor, and borrowed from the victim along with the above sentencing factors in October.