A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

1. On July 18, 2012, the Defendant made a false statement to the effect that “D bath” located in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, Seoul, would be repaid within three months if he/she borrowed KRW 5 million as he/she is urgently required to pay money to the victim E.

However, even if the defendant borrowed money from the damaged party due to a large amount of bonds and it is difficult to repay interest, he/she did not have the intent and ability to repay the money.

The defendant acquired 5 million won from the damaged person to the national bank account (F) in the name of the defendant on the same day.

2. On December 15, 2012, the Defendant concluded that, “D bath” as stated in paragraph (1) of the same Article, the Defendant made a false statement to the victim E that “The Defendant would subscribe to the fraternity and faithfully pay the face-to-face deposit, and pay the face-to-face deposit in five million won prior to the fraternity deposit.”

However, the defendant did not have the intent or ability to continue to pay the repayment even if he/she did not pay the repayment, due to the situation where it is difficult for the defendant to repay the interest due to a large amount of bonds.

The Defendant, on January 15, 2013, around 17, 500,000 won and the same year, under the pretext of guidance from the damaged persons.

2. Around 15.15. Around 17,850,000 won, sum of KRW 35,350,000, in the name of the defendant, KB citizen received each remittance from the Sea (F) to the Sea (F).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. Application of Acts and subordinate statutes on account details;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the scope of recommending punishment] [the grounds for sentencing under Article 38(1)2 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of recommending punishment] no person [the person who is subject to special sentencing] in the basic area (six months to one year and six months] [the decision of sentencing] [the defendant] has no criminal record; the amount obtained by fraud is not much significant; the defendant's age, sex, intelligence and environment; the relationship with the victim; the victim; the motive, means and consequence of the crime; the circumstances after the crime are considered.