A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

The Defendant is a person who has worked as a business president at an entertainment drinking club in Yeonsu-gu Incheon Metropolitan City.

Around November 2006, the Defendant made a false statement to the victim E, who is a single customer, of the Defendant at the above entertainment tavern, that “if the Defendant lends money necessary for the expansion of studal harassment, the Defendant shall pay interest of KRW 3 million per month, and the principal shall be repaid within three years.”

However, in fact, the defendant had a personal debt amounting to KRW 70 million at the time, and he had to pay interest amounting to KRW 15 million on every month, so even if he/she borrowed money from the victim, he/she did not have an intention or ability to pay the principal and interest normally.

On November 27, 2006, the Defendant, by deceiving the victim as above, delivered 40 million won to the head of the Tong under the name of the Defendant for the purpose of borrowing money from the victim, and received on November 28, 2006, KRW 60 million as the borrowed money.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on a copy of passbook;

1. In light of the fact that the amount obtained by deceitation of the reasons for sentencing of imprisonment with labor is up to KRW 100 million, and that there is no effort to recover damage, etc., a sentence of imprisonment with labor imposed on the defendant is inevitable. However, considering the fact that the defendant has only a criminal record of a fine once, and that the defendant has recovered from damage while the defendant reflects the crime, giving the defendant an opportunity to recover the damage to the maximum extent possible even after the sentence was rendered, it is judged that it would assist the recovery of damage to the victim, and thus, it is not always binding upon the sentence.