A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On November 10, 2014, the Defendant made a false statement to the victim C that “I would pay interest within several months if I would lend money in need of pay.”

However, in fact, while the Defendant did not have any particular property at that time, the Defendant had a debt of 50 million won or more to the lending company, etc., and even if having borrowed money from the victim due to bankruptcy (the bankruptcy and application for immunity on June 26, 2015), the Defendant did not have any intent or ability to repay it.

As such, the Defendant, by deceiving the victim, obtained a total of KRW 18.5 million from April 29, 2015, including borrowing KRW 3 million from the victim in the same manner as indicated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The application of Acts and subordinate statutes to a copy of the case record of bankruptcy and exemption from liability, and a criminal investigation report (the attachment of data on details of entry transactions);

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Application of the sentencing criteria (determination of types), fraudulent crime group, general fraud, and type 1 (less than KRW 100 million) (the scope of recommending punishment) (the scope of recommending punishment) shall be sentenced to six months to one year and six months (the basic area);

2. In light of the degree of damage caused by the instant crime, the victim's intent to punish, etc., the defendant is selected to be sentenced to imprisonment with prison labor, but the defendant is recognized to commit the instant crime, and there are various kinds of sentencing reasons indicated in the arguments in the instant case, such as the defendant's age, character, conduct, intelligence and environment, motive, means and consequence of the crime, circumstances after the crime, etc., and in particular, the defendant has made efforts to life in good faith and to recover damage, and efforts will continue to be made in the future.