A defendant shall be punished by imprisonment with prison labor for three months.

Punishment of the crime

On November 7, 2019, the Defendant sent the Kakao Stockholm message to the victim B on November 18:48, 2019 and, if the Defendant borrowed KRW 200,000,000 to the victim B, it would receive reimbursement of KRW 1,00,000,000,000,000 from the next week when operating expenses are insufficient.

The phrase “ makes a false statement.”

However, the Defendant did not have to perform abortion since it was not pregnant at the time. At the time, even if he did not receive money from the injured party due to no special property or occupation, he was thought to use it as living expenses, etc., and there was no money to receive reimbursement since he did not lend 1 million won to his natives. Therefore, even if he borrowed money, there was no intention or ability to pay it.

Nevertheless, at around 19:31 on the same day, the Defendant, as seen above, by deceiving the victim, received 200,000 won in the name of the borrowed money from the victim to the account in the name of the Defendant’s name, from January 2, 2020 from that time, and received, from January 2, 2020, “27,60,000 won” as stated in the indictment of KRW 26,60,000 in total, as shown in the list of crimes in the attached crimes, was delivered, respectively, “26,60,000 won.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. The details of remittance transactions and the application of Acts and subordinate statutes governing the Kakao Stockholm dialogue;

1. The relevant Article of the Criminal Act and Article 347(1) of the Criminal Act ( comprehensively including, but not limited to, the choice of imprisonment) on the grounds of sentencing;

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

2. Scope of the recommended punishment according to the sentencing guidelines [type 1] fraudulent offenses: Where the victim is responsible for the expansion of damage even to the victim (the area of recommendation and the scope of the recommended punishment] reduced area, one month through one year from imprisonment, where the victim is also responsible for the expansion of damage.

3. A favorable circumstance is that the defendant who made a decision of sentence of this case led to the confession of the crime of this case, and the mistake is divided as well as that there is no record of criminal punishment so far.

However, the defendant is the victim.