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

Punishment of the crime

On June 21, 2019, the Defendant stated that “If the Defendant lends KRW 15 million to the victim B at a place where the location is unknown, the problem is resolved, and the money is generated, and if the Defendant lends money with the loan, he/she shall be repaid all of the loan and shall be paid KRW 100,000 as a monthly honorarium.”

However, in fact, the debt exceeds KRW 300 million, and the amount of KRW 250,000 per month should be paid as interest, and there was no intention or ability to repay even if the victim received money from the victim due to no particular property or profit.

The Defendant, by deceiving the victim, received KRW 15,100,00 from the victim’s account under the name of the Defendant and the new bank account, etc. on the same day.

In addition, the Defendant, from around that time to September 6, 2019, deceiving the victim four times in total and received a total of KRW 23.7 million, as shown in the attached list of crimes.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to the details of entry and exit transactions, mobile phone text messages, details of transactions, credit information inquiry request, and replies;

1. The relevant Article of the Criminal Act and Article 347(1) of the Criminal Act ( comprehensively taking into account, the grounds for sentencing of imprisonment) concerning the crime;

1. Scope of punishment by law: One month to ten years;

2. The scope of recommendations according to the sentencing guidelines [decision of types] and the scope of fraudulent crimes [type 1] and there is no person who is less than KRW 100 million [the scope of recommendations and recommendations] (the scope of recommendations and recommendations]. The basic area of recommendations, six months to one year and six months.

3. Determination of sentence: The defendant, as a workplace company of the victim, has committed the instant crime by abusing trust relationship with the victim and has committed not only the instant crime but also the amount of defraudation, and thus has a heavy liability for such crime.

The victim is suffering from economic difficulties due to the instant crime, but the victim is a loan to a financial company.