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

Punishment of the crime

Around May 2018, the Defendant made a false statement to the victim D, who is a student of the ship, known to him/her in Bupyeong-gu Incheon Metropolitan City, called “C” to “I will pay money with a loan to operate his/her own computer office. I will pay the loan with a full repayment of money if I lend money. I will immediately repay the money with a full repayment of money if I will receive a loan.” If I will receive a loan from a domestic government, I will immediately pay the money borrowed with the money.”

However, in fact, the Defendant did not have any particular property at the time and did not have any intent or ability to repay the debt to the victim even if he/she borrowed money from the victim, because the debt including the borrowed money exceeds the income of at least eight million won for each month (the monthly amount of KRW 40 million to six million).

Around May 30, 2018, the Defendant: (a) by deceiving the victim; (b) transferred KRW 10 million from the victim to the E-Union account in the name of the Defendant; and (c) around May 31, 2018, the Defendant acquired a total of KRW 65 million from the E-Union account in the name of the Defendant; (d) around that time, the Defendant received a loan of KRW 30 million from the F in the Dispute Resolution Fund, KRW 10 million from the G in the Dispute Resolution Fund, KRW 10 million from the K in the Dispute Resolution Fund, and KRW 10 million from the K in the Dispute Resolution Fund H in the name of the Defendant, and (e) obtained a joint and several guarantee amount of KRW 75 million from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes governing the transfer of claims, loan certificates, statement of transactions by account, loan contract by account, loan contract, joint and several guarantee contract, each credit transaction agreement, I letter delivery contract, warrant reply, reply requested by investigation cooperation, and details of deposit and withdrawal transactions;

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

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

1. The sentencing criteria shall be based on;