A defendant shall be punished by imprisonment for three years.

Of the fraud against victims E, 11,28,34,35,41 of the attached list of crimes.

(b) from May 29, 2009.

6. In light of the fact that up to three occasions until 14, 50,000 won were remitted each, 1.6 million won on July 2, 2009, 1.6 million won on July 21, 2009, and 50,000 won each on July 21, 2009, and 31, and 18.1 million won each on July 21, 2009 (the number of pages 404-409 of the investigation record), 7) who is AK and the details of financial transactions between the defendant, the victim, and AK are not revealed, it is difficult to view that the defendant acquired the details remitted by the victim to AK due to the same circumstance, and there is no other evidence to prove the facts charged.

Thus, since the above facts of construction constitute a case where there is no proof of crime, it shall be acquitted under the latter part of Article 325 of the Criminal Procedure

Reasons for sentencing

1. Sentencing criteria;

(a) Punishment in fraud [Scope of Recommendation] 50 million won or more in general fraud, and less than five billion won in basic area (three to six years): dolusent intent and aggravated factors: In cases where the types of crimes are higher than the single crime most severe as a result of adding the amount of profit * In cases where the types of crimes are higher than the single crime most severe as a result of adding the amount of profit, 1/3 of the lowest limit of the amount of punishment: Two years or six years;

B. The basic area of embezzlement [the scope of recommendations] less than KRW 100 million ( April to January 1) (no person specially punished)

(c) Standards for handling multiple crimes: Two years to six years;

2. Determination of sentence: Imprisonment with labor for three years: (a) the Defendant sustained a business loss in the family in 2008; (b) the Defendant continued to operate the business in the “fluoring” method without one’s own capital in a situation where the credit rating is not good; (c) he borrowed an amount equivalent to KRW 500 million from December 2, 2008 to January 201, and disposed of to others while receiving and using a vehicle; and (d) partly borrowed money was used for gambling money.

In addition, the wages and the subcontract price for the employees have not been paid for the above period, and the bill shall be financed and the contract price shall be paid.