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

Punishment of the crime

On November 16, 2015, the defendant extended money to the victim C at the victim's residence located in Sinpo City B on November 16, 2015, and then returned money to the victim.

“The purpose of this is to make a false statement.”

However, in fact, the defendant thought that he will use the money received from the injured party for the purpose of living expenses and installment payments, so even if he borrowed the money from the injured party, he did not have any intention or ability to pay it.

The Defendant, as stated in the List of Crimes, received KRW 2 million from the injured party to the Defendant’s Chokup Bank account in Choka Do on the same day, and acquired the money by transfer from around 12 times until June 30, 2016, from that time to June 30, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Details of each account transaction, the application of Acts and subordinate statutes governing recording;

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 reasons for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of recommending punishment] No person who does not have the basic area (from June to one year and six months) [the person who is subject to special sentencing] [the decision of sentence] [the defendant confessions and reflects the crime in this case, and partly repaid to the victim, but the amount of the fraud in this case exceeds 56,50,000 won in total, and the defendant did not agree with the victim, and all kinds of sentencing factors indicated in the records, including the fact that the defendant did not agree with the victim, shall be determined as per the order.