A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

The defendant around July 1, 2010, at the victim D's house located in Seocho-gu Seoul Metropolitan Government C 1111 on the victim's day of July 1, 2010, it is urgently necessary to pay money to the victim as "the victim can reimburse the value of the musical instruments."

In addition to the interest rate of 10%, there is a difference between the interest rate and the interest rate, and the interest rate will be paid through music classes.

“......”

However, at the time, the Defendant’s debt owed to financial institutions, etc. was economically difficult, and the Defendant continued to use bonds to meet the debt amounting to KRW 80,000,00,000, and was in excess of the debt amounting to KRW 80,000,00 by using the bonds. Although there was income arising from music classes, such income alone is insufficient to use the bonds as principal and interest and living expenses, so even if borrowing money from the injured party, the Defendant did not have the intent and ability to repay it.

As such, the Defendant deceivings the victim as such, and 4,00,000,000 won and the next day on the same day under the pretext of borrowing from the victim.

7.2. Around 2.00,000 won was remitted to the national bank account under the name of each criminal defendant and acquired it by fraud.

In addition, from that time to November 8, 2010, the Defendant deceivings the victim as shown in the list of crimes in the attached Table, and received a total of 110,870,000 won from the damaged person over 16 times.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Statement of each part of the protocol of interrogation of the suspect to the defendant by the prosecution (including D parts of the statement);

1. Statement made in the police statement protocol with D;

1. Application of each statute contained in each of the certificates of borrowing, each copy of each letter, each process deed, credit report, details of banking transactions (National Bank), and the details of banking transactions (SC Japan Bank, National Bank, and New Bank);

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The former part of Article 37 of the Criminal Code, and Article 38.