A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On December 2, 2009, the Defendant stated that “The Defendant shall send school expenses and living expenses to his wife who is studying in the college of the United States. The Defendant is unable to send money to his wife because he did not have any money invested in C, a company that is a company that is a company that is a company that is a company that is a company that is a company that is a company that is a company that is a company that operates an apartment complex in the astronomical of the United States. The Defendant would return part of the investment money within 2 months.” If the Defendant borrowed money, the Defendant stated that he would pay money without molding from March 10, 2010.”

However, at the time of fact, the main complex apartment was not commenced, and it was uncertain whether the defendant could receive a return of investment money because the selection of the contractor was not made, and there was approximately KRW 30 million personal liability for the defendant. Since there was no particular income or property, there was no intention or ability to repay the money from the victim even if he borrowed money from the victim.

As such, the Defendant, by deceiving the victim, received from the victim the total sum of KRW 35 million, including KRW 5.5 million, around January 11, 201, and KRW 35.5 million from the victim, on the pretext of borrowing money.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Copy of the loan certificate;

1. Six copies of text messages;

1. A detailed statement of entry and withdrawal transactions;

1. Application of statutes on response to personal information and credit inquiry;

1. The relevant Article of the Criminal Act and Article 347(1) of the Criminal Act ( comprehensively taking into account, the grounds for sentencing of imprisonment) concerning the crime;

1. The scope of recommendation types according to the sentencing guidelines (the decision of type) [the general fraud type 1] below KRW 100 million (the special person in a form 1] - the mitigation element: In a case where a deceitful act is committed intentionally or the degree of deceptive act is weak (the recommended field and the scope of recommendation types), reduction area, one month to one year;

2. The fact that the Defendant recognized the instant crime, the first offender, and the instant fraud.