A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

On August 2, 2017, the Defendant made a false statement to the victim C in the office operated by the victim C in the Daegu Suwon-gu, Daegu-gu, stating that “I think that funeral will be performed by accepting the party hall located in the Young-gu, and if I borrowed 15 million won due to the shortage of funds, I will pay the interest of KRW 450,000 won per month and pay the principal in full after one year.”

However, the Defendant had no property at the time, with credit rating 5, was liable for KRW 10,00,000 for D with credit rating 5, and there was no property condition, such as delinquency of communications fees for one year, and there was no specific contract with E with the operator at the time in connection with the acquisition of the party funeral, and there was no other plan regarding the acquisition of the party funeral. In addition, there was no other plan regarding the acquisition of the party funeral. Since most of the money received from the victim was considered to be used for the horse race track expenses and living expenses in Daegu Chang-gu, the Defendant did not have any intent or ability to pay the principal by operating the party funeral as agreed even if he received the money from the victim, and therefore there was no intention or ability to pay the principal.

Nevertheless, as seen above, the Defendant, by deceiving the victim, received cash of KRW 15 million from the victim around that time, and obtained it by fraud, from November 10, 2017, and obtained KRW 29 million in total from the victim four times in total, as shown in the attached crime list, from November 10, 2017.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A loan certificate and a complaint;

1. Application of Acts and subordinate statutes to investigation reports (temporary verification of reported closure of the F Party Head Office);

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The recommended range of punishment according to the sentencing guidelines [the decision of type] is the recommended range that there is no recommendation range of less than KRW 100 million (the person specially punished).