A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On March 2, 2019, the Defendant told the victim B (the age of 37) by telephone at a place that cannot be known, that “If the Defendant borrowed money with two heavy automobiles, he would make payment of the principal and interest after ten (10) days after selling it with the said money.”

However, the defendant did not secure a heavy rent, and even if he borrowed money from the victim because there is no particular profit or property, there was no intention or ability to repay it.

The Defendant, by deceiving the victim as such, received from the victim the total sum of KRW 30 million around March 2, 2019, KRW 15 million on March 3, 2019, KRW 15 million, and KRW 15 million on April 1, 2019.

Summary of Evidence

1. Statement of the police concerning B's legal statement;

1. Application of Acts and subordinate statutes to filing complaints, certificates of persons with disabilities, agreements on participation in general jobs, letters, details of account transactions, letters, vehicle register, details of loan repayment, details of letters, recording (E, F, A), car sales contracts, financial agreements on the part of automobiles, investigative reports (Attachment of transaction details in suspect C account), investigative reports (Attachment of payment certificates, etc. of value-added tax), identification of value-added tax base, investigation reports (H car I telephone communications);

1. Relevant Articles of the Criminal Act and reasons for sentencing under Article 347 (1) of the Criminal Act of the option of imprisonment for a crime;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and there is no person who is less than KRW 100 million [the category 1] (the scope of recommendation field and recommendation range] and the basic area of recommendation [the scope of recommendation field and recommendation range], six months to one year and six months.

3. The fact that the Defendant recognized the instant crime and reflected in the decision of sentence, and that the Defendant partially repaid the amount of damage to the victim is favorable to the Defendant.

However, the crime of this case is serious to the victim with disability of the defendant.