A defendant shall be punished by imprisonment for six months.

The defendant shall pay 15,00,000 won to an applicant for compensation.

The above order shall be.

Punishment of the crime

1. On February 19, 2012, the Defendant concluded that “Around February 19, 2012, at the restaurant of the victim C’s operation located in Namwon-si, the Defendant provided the victim with the following false statement: “Around February 19, 201, the Defendant engaged in credit business while engaging in a high-end high-end sales business at home, with the interest of KRW 10

However, at the time, the defendant did not engage in credit business, and even if he borrowed money to the victim, he did not have any intent or ability to pay the money.

Nevertheless, on February 21, 2012, the Defendant received KRW 10 million from the victim to the Agricultural Cooperative Account in the name of the Defendant and acquired it by fraud.

2. On April 2012, the Defendant concluded at the above place that “Around April 2012, the Defendant would pay 15 million won to the said victim, if he/she lends 5 million won as he/she needs to pay the money to him/her.”

However, there was no intention or ability to repay the money even if the defendant borrowed the money to the victim, because there was a lot of obligation for the defendant at the time.

Nevertheless, around April 20, 2012, the Defendant received KRW 5 million from the victim to the Agricultural Cooperative Account in the name of the Defendant and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A complaint;

1. Application of Acts and subordinate statutes on the transactions of entry and departure;

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. Reasons for sentencing under Articles 25 (1), 31 (2) and (3) of the Act on Special Cases concerning the Promotion, etc. of Orders for Compensation and Sentence of Provisional Execution;

1. The scope of recommendations according to the sentencing guidelines [the scope of recommendations] (the determination of types] fraud, general fraud, and no type 1 (less than 100 million won) (the scope of recommendations] basic area: Imprisonment with labor for up to six months and six months;

2. Although the amount of damage caused by the instant crime was reached in KRW 15 million and the damage was not recovered at all, there is a need to punish the Defendant with strict punishment.

(b).