A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On May 5, 2007, the Defendant called the victim D by phone at the office of the Defendant located in Seocho-gu Seoul Metropolitan Government, Seocho-gu, Seoul, that “If you lend 70,000 dollars, they will pay interest on the second part of each month.”

However, the defendant was unable to operate his business at the time, and even if he borrowed money from the victim D, the bank's liabilities amount to KRW 120 million, the defendant did not have the ability to repay the money.

Around May 3, 2007, the Defendant, by deceiving the victim as above, received money equivalent to KRW 58,730,000 ($ 70,000) from the victim to the account in the name of E designated by the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Part concerning D's statement in the second protocol of interrogation of the defendant against the defendant

1. Statement made to D by the police;

1. Investigation report (Binding a statement of passbook transactions submitted by a suspect);

1. Application of Acts and subordinate statutes on deposit;

1. Relevant Articles of the Criminal Act and Article 347(1) of the Criminal Act stipulating that the defendant's reason for sentencing of the crime is against the recognition of the crime, but it is inevitable to sentence sentence in light of the fact that the victim has paid damages or has not agreed upon, even though the amount of damage was not so significant.

On the other hand, in determining the sentence, the sentence like the disposition is to be imposed by taking into account various factors of sentencing including the Defendant’s age, occupation, family environment and criminal background, including the fact that there is no criminal conviction exceeding the fine as seen earlier, in addition to the sentencing factors as seen earlier.