A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On October 2013, the Defendant stated that “The Defendant would pay back the money by lending money to the victim B (the 61 years of age) so that there is money in the head of the Tong in the city, and the Defendant could not withdraw the money from the seizure, because there is money in the head of the Tong in the city.”

However, the defendant did not have the above passbook, and the large amount of debt was accumulated, so even if he borrowed money from the victim, he did not have any intention or ability to repay it.

The Defendant, on November 1, 2013, received KRW 3 million from the victim as a loan, as well as KRW 200,000,000 from the victim, on November 14, 2013; KRW 2.3 million on November 21, 2013; KRW 1.5 million on November 25, 2013; KRW 1.1 million on November 27, 2013; and KRW 32 million on December 6, 2013.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of detailed statement of financial transactions and statutes;

1. The reason for the sentencing of the punishment of the relevant Article of the Criminal Act and Article 347(1) of the Criminal Act (generally with regard to the crime, choice of imprisonment) [limited circumstances] agreed with the victim [limited circumstances] that there is a record of being punished for the same crime;