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

Punishment of the crime

On May 2012, the Defendant made a false statement that “A” in the “D’s operation of the Victim C located in Gangseo-si, Gangnam-si, the Defendant would immediately pay back to the Defendant, i.e., “A child is in a patient’s clinic, and the hospital expenses are in the patient’s clinic. Af-do also works in the restaurant in the nearest area of the hospital.”

However, at that time, the Defendant did not have been hospitalized in the Aggravated Patients’ Office, even if he borrowed money from the victim, it was merely thought to use it for personal debt repayment, etc., and the Defendant was in a bad credit position since around 2008 because it was impossible to repay the debt of KRW 12 million incurred around 2005, and did not have any property or income. Thus, even if he borrowed money, the Defendant did not have any intent or ability to repay it.

Nevertheless, as above, the Defendant, by deceiving the victim as above, received the cash of KRW 2 million from the victim, namely, in the name of the borrowed money, from around that time to August 28, 2017, and acquired 61,229,979 won, in total, five times from around that time, such as the list of crimes in attached Form, by deceiving three victims.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Each police statement of E and F;

1. Each complaint, financial transaction statement, statement of transfer, and certificate of borrowing;

1. Investigation report (related to the amount of damage to the user of a card), a statement of use of a modern card, and a statement of use of a national card;

1. Investigation reports ( Results of inquiry into credit information by a suspect), and the application of statutes as a result of inquiry into credit information;

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

1. The punishment as ordered shall be determined by comprehensively taking into account the following circumstances under the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, and all the conditions of sentencing as shown in the records, such as the defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances before and after the crime is committed.

Unfavorable circumstances: A considerable period of time from each date of crime.