A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On January 3, 2011, the Defendant made a false statement to the victim C by phone call, stating that “The Defendant would make a repayment within two months from the face value of the hospital, with hospital expenses being paid in an emergency room of a hospital with a thickness of money, but with hospital expenses being paid in KRW 2 million.”

However, in fact, the mother of the Defendant added some contents to the extent that the Defendant did not have hospitalized in the hospital and that does not interfere with the Defendant’s right of defense. The Defendant was thought to use the money borrowed from the victim as cost of living, and there was no property or fixed income, and there was no intention or ability to repay the money borrowed from the victim.

As such, the Defendant, by deceiving the victim as such, received KRW 2 million from the victim to the account in the name of D as the borrowed money on the same day, and received KRW 4,353,00 from around that time to March 28, 2012, a total of KRW 41,353,00 from the victim as stated in the list of crimes in attached Form 41.

Accordingly, the defendant, by deceiving the victim, acquired the property of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Loan certificates, etc.;

1. A detailed statement of borrowed money;

1. Application of Acts and subordinate statutes on a copy of passbook;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders [the scope of recommending punishment] The basic area (6 to 100 million won) (6 to 16 months) of the Criminal Act (the decision of sentencing) / [the decision of sentencing] the Defendant was unable to pay to the victim due to the failure to receive soil and sand treatment expenses of up to 58 million won, but it is difficult to believe the Defendant’s assertion on the ground that there is no materials to support such assertion at all.

The Defendant received money for more than one year by creating a name that does not include hospital expenses or field investigation expenses, etc.

The defendant is not able to pay the interest rate with the borrowed money.