A defendant shall be punished by imprisonment for six months.

Punishment of the crime

1. Around April 6, 2018, the Defendant committed fraud: (a) called the victim B by phone at a place where it is unknown on April 5, 2018; and (b) concluded that “If the Defendant borrowed KRW 20 million from a loan, he/she will succeed to the loan at home through the fourth insurance evidence after hiring employment.”

However, the defendant did not have the intention or ability to succeed to the loan of the victim under the name of the defendant even if he received the loan from the victim and provided the loan to the defendant.

Around April 6, 2018, the Defendant acquired 20 million won from the victim to the Cbank account in the name of the Defendant.

2. On July 7, 2018, the Defendant: (a) called the victim B by phone at a place where it is not known on July 7, 2018; and (b) concluded that “The Defendant would pay the principal and interest of the loan that was claimed every month, including KRW 20 million, which was received on April 6, 2018, if he/she borrowed money.”

However, even if the defendant was granted a loan from the victim, the defendant did not have the intention or ability to pay the principal and interest of the loan under the name of the victim including the existing loan.

Around July 9, 2018, the Defendant acquired 9 million won from the victim to the Cbank account in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of the statutes governing seizure warrants and replies;

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

1. Of concurrent crimes, the sentencing conditions indicated in the records, such as the circumstances and age of the defendant, environment, motive, means and consequence of the crime, as stated below the reasons for sentencing under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act, among concurrent crimes, shall be determined as ordered in light of the sentencing conditions stated in the records.

Circumstances at a disadvantage: The defendant is equivalent to the amount of damage, but the amount of damage has not been recovered.