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

Punishment of the crime

The defendant is a person engaged in the building business, and the victim B was requested from the victim on April 2017.

Around May 15, 2017, the Defendant made a false statement to the victim at the construction site of the C Remodelling at the Jeju-si, stating, “The Defendant would immediately return the balance after obtaining a certificate of balance, if it is required to have the balance of the passbook borrowed money.”

However, in fact, even if the Defendant borrowed money from the victim, he did not intend to use it for the purpose of certifying the balance of the passbook. Around February 2017, the Defendant demanded to receive parcels containing USD D with the promise to receive money from the needy and demanded on February 16, 2017, and sent approximately KRW 30 million from the Defendant’s family members and those who borrowed 30 million from them several times, but did not receive parcels until May 2017, the Defendant was sufficiently aware of the possibility of not receiving parcels, and there was no ability to pay the money from the victim unless the said parcels were received.

As above, the Defendant, by deceiving the victim, received 20 million won from the victim to the E account (F) in the name of the Defendant under the pretext of borrowing money from the victim, and from that time, received a total of 80 million won from May 26, 2017, as shown in the separate crime list, from that time to May 26, 2017.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A certificate or notarial deed of borrowing;

1. E passbook (B);

1. Application of statutes governing judgment;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting the crime, Article 347 (1) of the Criminal Act selection of the penalty, and reasons

1. Application of the sentencing criteria [the scope of recommending punishment] general fraudulent crimes: Type 1 (less than KRW 100,00) and basic area (six months-1 and six months) (no special person) of the sentencing criteria;

2. The instant crime committed by the Defendant for whom the sentence of sentence was rendered was committed by himself.