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

Punishment of the crime

Around March 20, 2018, the Defendant made a false statement to the victim D that “I wish to repay money to I who want to open a private teaching institute, if I want to lend money. I wish to do so.”

However, the defendant did not want to open a private teaching institute, and he thought that he borrowed money from the victim to use it for gambling, and he did not have any intention or ability to repay the money to the victim.

The Defendant, in its possession, received KRW 5 million from the victim to the one bank account (E) in the name of the Defendant from May 23, 2018, from the time when he/she received KRW 5 million from the victim to May 23, 2018, and deceiving six of the victims, such as the victim D, by the aforementioned method as indicated in the list of crimes in the attached Table, and received a total of KRW 36.1 million from the victims to the above one bank account in the name of the Defendant and the corporate bank (F) account in the name of the Defendant.

Accordingly, the defendant was delivered property by deceiving the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The head of a complaint (D), G dialogue, and details of transfer;

1. The details of the accusation and transfer;

1. The head of a complaint, text messages, and details of transfer;

1. Details of complaint, transfer and receipt;

1. The head of a complaint, text messages, and details of transfer;

1. The complaint, details of transfer, and text messages;

1. A detailed statement of deposit transactions (E);

1. Application of Acts and subordinate statutes on deposit transactions (F) and subordinate statutes;

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

1. Grounds 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 punishment: Imprisonment with prison labor for one month or for 15 years;

2. The scope of the sentence recommended on the sentencing criteria [the scope of recommendations] the basic area (six months to one year and six months) (the number of months to one hundred million won) of the types of general fraud.

3. The crime is not good by deceiving the money by deceiving the victims to be used for gambling the sentence.