A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On October 12, 2015, the Defendant’s “E” restaurant for the victim’s D operation in Seo-gu, Seo-gu, Seo-gu, Young-gu, Cheongju, with the victim’s “E” in the “E” restaurant for the victim’s marriage, and it is economically difficult for the victim to attend the workplace due to his or her care.

In addition, it is difficult to borrow money on the condition that a high interest rate of 10% per month is paid, due to interest.

The purport was that the original of the rental apartment contract under the name of his/her father with a deposit equivalent to KRW 2,1860,000 is entrusted as security, and that if he/she lends money, 3% interest per month shall be paid, and the principal shall be repaid until February 25, 2016.

However, at the time, F, a dependent of the Defendant, did not borrow money to any other person. The rent deposit of the above rental apartment was provided by the Defendant as collateral by obtaining a loan of KRW 26 million from the Smart Savings Bank. The Defendant had already been liable for a debt of KRW 76 million, and thus, the Defendant did not have any intent or ability to pay the rent normally even if he borrowed money from the damaged person.

Nevertheless, the Defendant: (a) by deceiving the victim as above; and (b) transferred KRW 3 million around October 13, 2015 to the Agricultural Cooperative Account in the said F name from the victim; (c) KRW 5 million around October 15, 2015; and (d) KRW 15 million over three occasions including KRW 7 million around November 19, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. Part of the statement made D in relation to the suspect interrogation protocol twice against the defendant;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Statement made by the police against D;

1. A complaint, a copy of business registration certificate, details of account transfer, a copy of a house lease contract, a certificate of seal imprint and a new certificate, a loan certificate, a copy of a written statement, and a statement of deposit and delivery;

1. A copy of a note;

1. Application of the Acts and subordinate statutes on banking transactions;

1. The grounds for sentencing of the sentence of imprisonment [the scope of the recommended sentence] under Article 347(1) of the Criminal Act, Article 347 of the Criminal Act, the grounds for sentencing of the sentence of imprisonment [the scope of the recommended sentence] general fraud.