A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On June 2015, the Defendant made phone calls to the victim B, and made false statements to the effect that “The Defendant would impose KRW 3.2 million per month following the establishment of the company under the name of the victim. It is necessary to purchase machinery and operate business funds, and would repay money within three years if it is lent money.”

However, in fact, the Defendant had a debt equivalent to KRW 100 million at the time, and the Defendant was in an economically poor condition to pay the tax of “C”, a company that was operated by the Defendant, and was thought to be used for the purpose of paying the loan and living expenses to the said D, and thus, there was no intent or ability to pay the loan even if the Defendant borrowed money from the victim.

Nevertheless, on June 25, 2015, the Defendant, by deceiving the victim as above, received KRW 100,000 from the victim as the borrowed money from the victim to the E-company bank account (Account Number:F) in which the Defendant uses.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes concerning a sales contract, petition for accusation, certificate of completion of business, notarial deed of money consumption loan, statement of account transaction, record, lease contract, and sales contract;

1. The reason for sentencing of Article 347(1) of the Criminal Act and Article 347(1) of the choice of punishment for the crime [the scope of recommending punishment] The basic area (one or more years to four years of imprisonment) of types 2 (one hundred million won or more, or less, and less than five hundred million won) of the General Fraud [the decision of sentencing] [the decision of sentencing] as set forth in the following circumstances, comprehensively taking into account various sentencing conditions, such as the Defendant’s age, character and conduct, the contents and circumstances of the instant crime, and the circumstances after the crime, etc., and the decision of

Disadvantageous circumstances: The method of committing the crime of this case, which belongs to the place of use of money and the progress of the business, is not good, and the amount obtained by fraud is higher than KRW 100 million.

There has been no recovery of damages up to now.

A favorable condition: The defendant shall commit the instant crime and follow it.