A defendant shall be punished by imprisonment for not less than five months.

The defendant shall pay 32,00,000 won directly to an applicant for compensation for physical damage.

Punishment of the crime

On May 29, 2013, the Defendant concluded that “Around May 29, 2013, the Defendant borrowed KRW 32 million as it is necessary to have a customer loan refunded to the victim B, and immediately repay the loan.”

However, even if the defendant borrowed money from the victim, he was thought to use it for the purpose of personal debt repayment, not for the customer's loan repayment, and did not have the intention or ability to pay the above money.

Accordingly, the Defendant, by deceiving the victim, received 32 million won from the victim to the foreign exchange bank account in the name of the Defendant on the day.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. A detailed statement of deposit;

1. Application of a copy of an notarial deed;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. Article 25 (1) 1, and Articles 31 (1) and (2) of the Act on Special Cases concerning Litigation Promotion, etc. of Compensation Orders;

1. Reasons for sentencing under Article 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings Concerning the Pronouncement of Provisional Execution [Determination of Punishment] In the case of general fraud [ below KRW 100 million] reduction element: In the case where a person intentionally commits a deceptive act, or where the degree of deceptive act is weak, [general multiple persons] mitigation element: there is no record of criminal punishment [the scope of recommending punishment] / 1 month to 1 year from 1 month to 1 year, the defendant is divided into his/her mistake, and there is such favorable sentencing factor as above, but the victim's damage has not been completely recovered, the sentence of sentence against the defendant is inevitable.

However, in order to increase the opportunity for the defendant to recover from the damage of the victim, the court's detention should not be made.