A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

1. On May 30, 2014, the Defendant made a statement to the effect that, around May 30, 2014, the Defendant would pay KRW 10 million each month to the victim at the coffee shop operated by the victim C in Gyeongnam-gun B.

However, the defendant did not have active property, and the profits from the operation of the party headquarters, the only income at the time, was the idea to use it to repay the debt to the bond company, so there was no intention or ability to pay the debt even if it was borrowed from the victim.

As such, the Defendant, by deceiving the victim, received money from the victim to the post office E account in the name of the defendant designated on the same day.

2. On August 20, 2014, the Defendant, on August 20, 2014, borrowed 20 million won to the victim with “insurance loans” at the coffee shop as set out in paragraph (1) of the same Article, and thereafter, would provide interest on the monthly insurance loans to the victim after one year.

“........”

However, the defendant did not have active property, and the profits from the operation of the party headquarters, the only income at the time, was the idea to use it to repay the debt to the bond company, so there was no intention or ability to pay the debt even if it was borrowed from the victim.

As such, the Defendant, by deceiving the victim, received cash of KRW 20 million on the same day from the victim and acquired it by deception.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the police against the accused (including the whole part of theC);

1. Statement to C by the police;

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

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. The reason for the sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent offenders [the scope of recommending punishment] and the basic area (6 to 100 million won) (6 to 106 months) of the Criminal Act does not exist (the decision of sentencing] (the decision of sentencing).