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

Punishment of the crime

1. On May 13, 2015, the Defendant made a false statement to the victim that “The Defendant would pay back money if he/she borrowed money that the wife would have to receive by pregnancy.”

However, due to the absence of certain income or assets at the time, there was no intention or ability to repay the borrowed money.

The Defendant received 10,00 won from the damaged party to the Busan Bank account designated by the Defendant on the same day.

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

2. On June 12, 2015, the Defendant made a false statement to the effect that “A lease on a deposit basis for lease of a store necessary to borrow a store in order to operate a store for the said store,” and that a lease on a deposit basis is to be made in the name of the party, if the lease on a deposit basis is leased.”

However, even if the Defendant borrowed money, he was able to use the money for living expenses, etc., not for the deposit contract, and there was no certain income or property at the time, so even if he borrowed money, he did not have the intention or ability to repay it.

The Defendant received 100 million won from the damaged party to the Busan Bank account designated by the Defendant on the same day.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to account statements;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

2. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, which aggravated concurrent crimes.

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] general fraud (the amount of at least KRW 100 million, the amount of less than KRW 500 million) is the basic area (one year to four years) (the person subject to special sentencing).

2. The decision-making amount of punishment by deception reaches KRW 110,00,000, and the decision-making amount by deception with the victim agreed to repay the amount in installments, but the above agreement is adequate.