A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The defendant is a person who has no fixed occupation.

1. On September 13, 2007, the Defendant, around September 13, 2007, purchased high-quality stocks with the said money and paid high-income interest on the principal to the victim C (the age of 57) at a mutual infinite office near subway 2-line shift stations located in Seocho-gu Seoul Metropolitan Government, Seocho-gu, Seoul, for the purpose of guaranteeing the principal.

In other words, the Defendant received KRW 20 million from the victim on the pretext of the borrowed money from the victim. However, at the time, the Defendant did not have any intention or ability to repay the borrowed money under the pretext of stock investment since there was no special property other than about KRW 20 million, and thus, even if borrowed money from the victim on the pretext of stock investment. Accordingly, on April 7, 2008, the Defendant deceptioned the victim, thereby defrauding the victim, thereby deceiving the Defendant. On April 7, 2008, the Defendant committed the crime around April 7, 2008, the Defendant was paid KRW 20 million from the mutual incompeting office located in Samsung-dong, Gangnam-gu, Seoul, to repay all of the interest accrued prior to the loan to the victim, and KRW 4 million from the victim on the pretext of the borrowed money.

However, at the time, the Defendant did not have certain monthly income or assets, so even if he borrowed four million won from the victim, the Defendant did not have any intention or ability to repay it with the amount of 20 million won that he borrowed from the victim.

Accordingly, the defendant deceivings the victim and defrauds 4 million won.

Summary of Evidence

1. C’s legal statement;

1. Statement C in the second police interrogation protocol against the accused;

1. Statement to C by the police;

1. Application of various Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

2. Reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes [the scope of recommending punishment] from June to February (the result of multiple guidelines for handling multiple crimes) [the decision of sentencing] normal damage: