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

Punishment of the crime

On October 19, 2011, the Defendant made a false statement to the victim A(n, 67 years of age) at a cafeteria in Songpa-gu Seoul, Songpa-gu, Seoul, stating that “There is no money currently in operation, and there is no money currently in operation, and there is no money to be provided to the members of the community. There is a person who has already provided the extended money to the members of the community, who has already provided the extended money in advance, to pay the extended money to the members of the community.”

However, in fact, the Defendant had already been in excess of the obligation at the time, and thus there was no intention or ability to repay the money as agreed even if he borrowed the money from the victim.

As such, the Defendant, by deceiving the victim as such, received from the victim a total of KRW 150 million on October 19, 201, KRW 30 million on or around March 13, 201, KRW 60 million on or around March 13, 2012, KRW 30 million on or around September 11, 2012, and KRW 30 million on or around October 8, 201, and acquired it by receiving a total of KRW 150 million from the victim to receive KRW 30 million on or around October 8, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement made to A;

1. Complaints and details of transactions;

1. Application of Acts and subordinate statutes to criminal investigation reports (suspects' submission of materials and verification of materials);

1. The pertinent Article of the Criminal Act and Article 347(1) of the Criminal Act that is disadvantageous to the reasons for sentencing of the crime: The circumstances favorable to the fact that the victim acquired a large amount of money from the victim and did not repay the amount of damage for a long time: The decision of the sentence that the victim paid the total amount of 67 million won to the victim: the above circumstances and the defendant’s age, character and behavior, career, home environment, motive and means of the crime, circumstances after the crime, etc. are considered, and the sentence shall be determined as per the Disposition, taking into account all the circumstances that are the conditions for sentencing specified in the argument of the instant case, such as the punishment.