A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 13, 2018, the Defendant made a false statement to the “Ccafeteria” operated by the Defendant, which is located in B at the time of resident residence on November 13, 2018, to the victim D that “on the end of April 2019, the Defendant would lend KRW 5 million to the victim D.”

However, the Defendant borrowed money from E Bank, KF, G, etc. to pay approximately KRW 40,00,000,000 to the Defendant, and the Ccafeteria’s funeral was not well-grounded and was in short of living expenses. The Defendant was in the so-called “fluoring” situation that lends money to various financial institutions and its neighbors and thus, there was no intention or ability to pay the money even if he borrowed money.

The Defendant, as above, by deceiving the victim, received KRW 5 million from the victim to the I Bank Account (J) in the name of H at around 14:32 of the same day, and thereafter, received KRW 29.4 million in total by deceiving four victims, as shown in the annexed List of Crimes, from May 9, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol of statement of D, K, L, and M;

1. Application of Acts and subordinate statutes to the details of each value-added tax base certificate, credit information history, each complaint, each loan certificate, transaction confirmation, transfer confirmation, statement of transaction results, statement of transaction of automated machines, authentic deeds, transfer specifications, etc., inquiry into the details of possession of real estate and replies, and deposit transaction statement;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of general fraud according to the sentencing criteria (type 1) and the reduction area of less than 100 million won, one month to one year in imprisonment;

2. Deciding money to several victims who have rendered a sentence of sentence.

However, the victims shall not be punished by mutual consent with the victims.

Other factors such as the amount of damage, the defendant's environment, etc.