A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On September 17, 2017, the Defendant stated that “D’ operated by Yeonsu-gu Incheon Metropolitan Government B and the victim C in the first floor,” which was the Defendant’s employer, borrowed money from the Defendant’s employer to the victim as “the need for deposit in the language care hospital and hospital treatment expenses. If so, the Defendant later stated that “I will either get off the Chinese fund savings deposit or receive the refund of the deposit in the intermediate care hospital.”

However, the Defendant did not have a fund installment savings to be paid, and there was no need for the Defendant to pay the deposit because her mother was not hospitalized in a convalescent, and there was no plan to use the money in return for his/her own living expenses, personal debt repayment, etc., and there was no asset in possession, and there was no intention or ability to pay the money from the victim.

Nevertheless, the Defendant received 400 million won from the victim in the E deposit account (Account Number:F) in the name of the Defendant on the same day as the parent-friendly hospital expenses, etc. from the victim, from March 27, 2018, by deceiving the victim in need of parent-child hospital expenses, transportation expenses, etc., without intention or ability to pay 48 times from that time, and received 24,200,000 won in total as the borrowed money from March 27, 2018.

As a result, the defendant was given property by deceiving the victim.

Summary of Evidence

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

1. An interrogation protocol of the police against the accused (two times, replacement);

1. Statement to C by the police;

1. Application of Acts and subordinate statutes concerning the certificate of deposit transaction results, Kakao Stockholm letters to the closure, the details of accounts for receiving damaged funds, and the details of G reply data;

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

1. Reasons for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The scope of recommendations according to the sentencing guidelines [the determination of types] shall be limited to fraudulent offenses: general fraud [the type 1] below 100 million won (the person specially punished].