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

Punishment of the crime

The defendant is a person operating a secondhand shop, and even if the defendant borrowed money from others due to a large amount of debt and income, there was no intention or ability to repay it.

1. On November 15, 201, the Defendant received money of KRW 12 million from the defrauded to the account of the Defendant under the name of the Defendant (E) with the false statement that “The Defendant would pay the victim D the monthly rent of KRW 10 million and KRW 400,000,000 per month, and shall immediately repay the principal within one month upon request for repayment.”

2. On January 31, 2012, the Defendant, via Acheon Hospital, received through C, a false statement, stating, “The Defendant paid KRW 3,200,000,000 to the victim KRW 64,50,000,00,000, including interest on KRW 12,000,000,000, prior to the additional loan, and, within one month, would immediately repay the principal in full upon request for repayment,” from the defrauded, for the purpose of the loan borrowed money, from the Defendant’s agricultural bank account in the name of the Defendant.

Accordingly, the defendant deceivings the victim as above and acquired the total of KRW 76,550,00 from the victim who was deceiving him.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a statement of transactions in a passbook, notarial deed and written statement of repayment;

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. The scope of the recommended sentence on the sentencing criteria [the scope of the recommended sentence] general fraud category 1 (less than KRW 100 million) and the basic area (not less than six months to one year and six months) (no special person);

2. Although the amount of damage to be sentenced is a large amount, the sentence is to be imposed because the defendant was unable to pay most of the amount of damage to the victim, and the victim is punished.