A defendant shall be punished by imprisonment for not less than eight months.

Of the facts charged in the instant case, the fraud against the victim C (2016 Highest 3250) is committed.

Criminal facts

(2016 Highest 7755) On December 22, 2015, the Defendant made a false statement to the victim F’s residence located in Busan So-gu E and 401, stating that “The Defendant would sell the house of his native G and repay the house by selling the house after the month when he borrowed 30 million won.”

However, in fact, the Defendant did not use the money from the damaged party for a house purchase fund, but used it to lend the money for gambling or to repay his/her personal debt to the injured party. Since there was no certain income at the time and there was no excess of his/her obligation, there was no intention or ability to repay the money even if he/she borrowed the money from the injured party.

Nevertheless, on December 23, 2015, the Defendant deceivings the victim and transferred KRW 30 million to the National Bank Account (H) in the name of G around December 23, 2015.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Application of Acts and subordinate statutes to file a complaint and report on investigation (for additional statements of an excursion ship by the victim);

1. The pertinent legal provisions on criminal facts, Article 347(1) of the Criminal Act on the selection of punishment (the fraud point), the defendant and his defense counsel knowingly lent the above money to the victim F to the defendant for the purpose of gambling. As such, the defendant did not have committed deception, and the above money constitutes an illegal cause benefit.

However, according to the evidence duly adopted and examined by this court, the following circumstances are as follows: ① at the time of the Defendant’s lending of the said money to the victim, namely, the money to be used as the purchase price of house; ② at the time the Defendant’s receiving text messages sent to the victim, the Defendant’s husband knows that the Defendant borrowed money from the victim, and the Defendant’s sending the money to his wife.