A defendant shall be punished by imprisonment for three years.

Punishment of the crime

On December 6, 2016, the Defendant made a false statement to the effect that “The Defendant shall transfer the money to be given to the victim D who became aware of through the parents activities of elementary school parents in the Defendant’s children, and shall receive 5% interest per month from E, and shall also receive repayment of principal.”

However, in fact, the Defendant received money from the victim without any particular property or income at the time and planned to use the money for the purpose of living expenses, and did not have any thought to lend the above money to E, so there was no intention or ability to pay 5% interest per month to the victim, or to pay the principal.

Nevertheless, the Defendant, however, received money from the victim to the account (F) in the name of the Defendant for the following day from the victim and acquired it by means of money. From around that time to July 10, 2018, the Defendant deceptioned the victim 39 times in total, such as the statement in the crime list from around the time to around July 10, 2018, and acquired it by deceiving the victim by means of the above 653,450,000 won as the money borrowed from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the accused by the prosecution (including D substitute part);

1. Each police interrogation protocol against the accused;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on filing of complaints, recording records, written confirmation of transfer results, etc., Nonghyup Account Statement, and Account Transactions Statement;

1. Grounds for sentencing under Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 347 (1) of the Criminal Act for the relevant crime;

1. The scope of punishment by law: Three to thirty years of imprisonment;

2. The basic area of recommendations according to the sentencing guidelines [the scope of recommendations and the scope of recommendations] is that there is no range of recommendations [the scope of recommendations and the scope of recommendations]: general fraud [the type 3] more than 500 million won, and less than 5 billion won (the special person];