A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall pay 170,000,000 won to the applicant for compensation.

Punishment of the crime

The defendant around July 17, 2014, "Scken export business is operated by the victim C, and the business fund is needed.

Until the end of each year, he/she borrowed money in return. "...."

However, at the time, the Defendant did not engage in the chill export business, and there was no other special property or income, so even if he borrowed money from the injured party, he did not have the intent or ability to pay the money for the purpose of explaining the injured party.

The Defendant, as seen above, received KRW 20 million from the victim to the Agricultural Cooperative Account (E) in the name of the Defendant’s Chokdong Agricultural Co., Ltd. from the victim at the same time at the same time from the victim of the victim’s deception and acquired by transfer from the victim to the said bank account at the same time, and acquired KRW 170 million in total over four times from the time of the occurrence to August 13, 2014 ( KRW 20,000,000,000 from July 17, 2014, KRW 50,000 on July 25, 2014, KRW 50,00 on August 12, 2014, KRW 50,000 on August 13, 2014, and KRW 50,000 on August 13, 2014) as the above account.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each police statement made with respect to G and H;

1. A complaint, a copy of a loan certificate, or a copy of a passbook;

1. Application of Acts and subordinate statutes to each investigation report and accompanying documents;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Articles 25(1)1 and 31 of the Act on Special Cases concerning the Promotion, etc. of Litigation, etc. of Compensation Orders and Provisional Execution Sentence, by deceiving an elderly victim and deceiving him/her of KRW 170 million and using it as gambling funds, etc. In this regard, even though the victim caused serious damage, no repayment measures have been taken up until now.

Therefore, the sentence shall be imposed on the defendant, and the punishment shall be determined by considering all circumstances within the basic area of general fraud according to the sentencing guidelines.