A defendant shall be punished by imprisonment for one year.

Punishment of the crime

After the Defendant received a loan of KRW 30 million from a lending company under the victim's guarantee, which is engaged in the lending brokerage business, and became aware of the fact that the Defendant received a loan of KRW 43 million in the victim's name in order to repay the principal and interest of the loan, the Defendant misrepresented the victim to be the employee of the lending company, thereby inducing the victim to acquire the money by deceiving him/her as if he/she would have made a new loan without the guarantor if he/she transferred money to the account designated by the Defendant for the repayment of the principal and interest of the loan.

On May 28, 2017, the Defendant called the said victim’s phone and made a false statement to “F working in the Dong-gu Incheon Metropolitan City, the Defendant would be able to obtain a loan by eliminating the loan interest of Dor and raising credit rates, and to do so, immediately deposit money with the lending company, and deposit money into the designated account of the finance company.”

However, the defendant was not an employee of the lending company, and was trying to use the money for personal purposes, such as entertainment expenses, etc. by receiving money from the victim, so there was no intention or ability to repay the existing loan of the victim and make a new loan.

Around May 29, 2017, the Defendant was transferred KRW 43 million to the national bank account in the name of the Defendant from the victim.

Accordingly, the defendant deceivings the victim to take money by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Details of transactions of entry and withdrawal (50 pages of evidence), data replies (87 pages of evidence, such as details of account transactions);

1. Application of Acts and subordinate statutes on the screen of a mobile phone closure;

1. Grounds for sentencing under Article 347 (1) of the Criminal Act in relation to the relevant criminal facts and the choice of punishment;

1. Type 1 (less than KRW 100,00) of the basic area (from June to June) of the scope of the recommended punishment on the sentencing criteria; and

2. The defendant shall be sentenced to a sentence;