A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On September 7, 2015, the Defendant made a false statement to the victim D, who was living together in the above apartment that was used as a factory dormitory in the household factory as a household factory in Ansan-si, B apartment C, the Defendant, stating that “If he disposes of the shares received as bonus from the company and lends the proceeds, he will pay it immediately.”

However, even if the Defendant did not have any specific property and the monthly income is difficult to meet the existing credit card debt repayment or living expenses, and the Defendant continuously received loans from the lending company and borrowed money from the lending company to the 10 million won, etc., the Defendant did not have any intent or ability to repay it with the intent to use it in repayment of the urgent personal debt.

As such, the Defendant, by deceiving the victim, received KRW 5,769,401 from the victim to the victim’s new account opened in the name of the victim and used it, and acquired money from September 7, 2015 to May 2017 under the name of the victim, such as borrowed money, joint and several liability, and mobile phone installments, and acquired pecuniary profits from the victim, and acquired money and acquired pecuniary profits in total at least five times from September 7, 2015 to May 2017.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police and prosecutorial examination of the accused;

1. Statement of each police statement regarding D;

1. A copy of bankbook;

1. Certificates of admission to each mobile phone and detailed statement of request;

1. Notice of demanding repayment of debts;

1. A leader;

1. Application of Acts and subordinate statutes to investigation reports (Evidence List 9);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The reason for the sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of recommending punishment] is the basic area (6 months to 100 million won) (6 months to 6 months) of the Act on the Aggravated Punishment of Concurrent Crimes / [the decision of sentencing] of this case, the crime of this case is the deception of the victim who has an obstacle to the judgment of the company, thereby deceiving the victim with a total amount of twenty million won.