A defendant shall be punished by imprisonment for four months.

Punishment of the crime

The defendant was employed by the victim Cda operated by the victim B in the Cda.

On November 2014, the Defendant made a false statement to the Defendant that “I would complete the payment of expenses and school expenses, if I wish to do so with his or her husband and wife’s husband and wife’s husband and wife’s husband and wife’s husband and wife’s husband and wife’s husband and wife’s husband and wife.”

However, the Defendant did not have a son and his child did not continue to receive U.S. language training, and the Defendant borrowed money from the victim in order to repay the amount of gambling and raise the money for gambling. Around that time, the Defendant continued to gamble with the victim, and the Defendant did not have any specific property and there was no intention or ability to repay the money even if she borrowed money from the Defendant because there was no particular income other than the Defendant’s work at the victim.

Nevertheless, on November 11, 2014, the Defendant received 25 million won as the borrowed money from the victim and 5 million won as the same name on the 13th day of the same month, respectively.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. A certificate of borrowing;

1. Application of Acts and subordinate statutes to copies of bankbook transactions;

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. Six months to one year and six months from the date of imprisonment on the sentencing guidelines (Fraud crime group, general fraud, type 1 (less than KRW 100 million), and basic area);

2. In light of the fact that the amount of damage caused by the instant crime was not significant, and the Defendant did not appear to make efforts to recover from damage, a strict punishment against the Defendant shall be imposed.

There are also circumstances favorable to the defendant, such as the fact that the defendant has recognized the mistake, and that the defendant has no other criminal record than the previous one, in addition to the previous one.