A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On February 2, 2016, the Defendant made a false statement to the victim C before the Defendant’s home located in the Si-si B, stating that “The Defendant shall lend money that he/she shall perform funeral services to the victim, and he/she shall complete payment with the interest of two copies per month until March 30, 2017.”

In fact, the Defendant newly constructed a house on February 5, 2013, and received KRW 1550 million from D unions, and then received additional loans from several loan companies in order to repay the interest of the loan, and the Defendant was in excess of the obligation to repay the loan amount of KRW 200 million to the lending companies, D associations, and branch associations. In addition, the Defendant was scheduled to use the loan to pay the loan amount of KRW 155 million, not to borrow money to perform funeral services, and thus, did not have any intent or ability to repay the loan amount.

On February 29, 2016, the Defendant: (a) by deceiving the victim; (b) transferred KRW 20 million to the F Cooperative account (G) in the name of the Defendant on February 29, 2016; (c) received KRW 35 million from the post office account (H) in the name of the Defendant on March 2, 2016; and (d) received KRW 10 million from the said F Cooperative account on the same day, and received KRW 65 million from the said F Cooperative account on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A criminal investigation report (a copy of a letter of transfer);

1. The certificate of borrowing funds or the certificate of confirmation on the request for admission to other charges;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense, Article 347 (1) of the Criminal Act concerning the selection of punishment, and reasons for sentencing of imprisonment;

1. The scope of the recommended punishment according to the sentencing guidelines for the Supreme Court [the scope of the recommended punishment] general fraud (less than KRW 100 million) and the basic area (within six months to one year and six months) (no person who is subject to special sentencing];

2. Although the decision of sentence was made, the defendant provided the victim with interest for one year;

However, even though the defendant borrowed money from the injured party for the purpose of repaying the other debtor's obligation at the time of borrowing money, the victim had the intention to obtain the money from the beginning by making a false statement that funeral service is provided to the injured party, and the amount of damage is KRW 65 million.