A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

On August 8, 2016, the Defendant called the victim B from the vecco in Busan Madong-gu, Busan Macco, and lived with the victim B with only one set of money by operating the shopping mall for powder sale.

A company made a false statement stating that the settlement of the company shall be affixed with a tag and the full payment shall be lent to another person.

However, the Defendant did not operate shopping malls. At the time, the Defendant was obligated to pay KRW 550 million, and was thought to use money from the injured party as a repayment of gambling and debt, so even if he borrowed money from the injured party, there was no intention or ability to pay the money.

As such, the Defendant, as from the time of deceiving the victim, received KRW 8 million from the victim’s account (D) in the name of the Defendant on the same day from the victim, and received a total of KRW 206,00,000 from December 24, 2016 to December 15, 2016, as shown in the crime sight table.

Accordingly, the defendant was given property from the victim by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for B and E;

1. The loan certificate, the account transaction details, the Kakao Stockholm dialogue content, the account transaction details of each Korean bank account transaction, the account transaction details of Daegu Bank account transaction, the Saemaul Treasury account transaction details, the account transaction details of national bank account transaction, the application of Acts and subordinate statutes on loan;

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act (including the cases) and the reason for sentencing selection of imprisonment with prison labor;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] general fraud (the amount of at least KRW 100 million, the amount of less than KRW 500 million) is the basic area (one year to four years) (the person subject to special sentencing).

2. Circumstances unfavorable to the decision of sentence: The defendant, by actively deceiving the victim, acquired a large amount of money exceeding KRW 200 million, and most of such crimes were committed by gambling. Nevertheless, the damage is almost not recovered except for the repayment of KRW 5 million.