A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On January 5, 2015, the Defendant called “C” located in Yeongdeungpo-gu Seoul Metropolitan Government, and made a false statement to the victim D that “If the Plaintiff lends an unsatisfies to B, the Defendant would be able to pay the interest of KRW 100,000 to a person who would provide an unsatisfying time, and the borrowed money would be repaid to October 25, 2015, when the fraternity ends.”

However, the Defendant did not have any intent or ability to pay the money even if the Defendant borrowed the money to the victim, because it is difficult for the Defendant to operate the accounts due to the circumstances such as the suspension of contact after receiving the money for the time limit.

Nevertheless, on January 5, 2015, the Defendant: (a) by deceiving the victim as above; (b) received KRW 11,800,000 from the Defendant’s husband E to the F bank account in the name of the Defendant’s husband E on January 5, 2015; and (c) obtained the delivery of KRW 65,220,000 in total on five occasions through the following methods from April 28, 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to the complaint;

1. Grounds for sentencing under Article 347 (1) of the Criminal Act (Selection of Imprisonment with prison labor) in relation to the facts constituting an offense;

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. Application of the sentencing criteria;

(a) Determinations: [9] Fraud, 01. General Fraud, [Type 1] below KRW 100 million;

B. There is no special sentencing factor:

(c) General sentencing factors: Reduction factors (no record of criminal punishment);

(d) Scope of recommendations: Basic area, six months to one year and six months; and

3. Determination of sentence [ favorable circumstances] With no record of criminal punishment (unfavorable circumstances], full repayment (in the absence of intention or ability to make repayment).