A defendant shall be punished by imprisonment for two years.

Punishment of the crime

On June 27, 2013, the Defendant stated that “If the Defendant borrowed money, he will receive progress payment from the Defendant’s passenger car near the Handong-dong reservoir in the Hancheon-si, the Defendant would immediately repay the money.”

However, around 2007, the Defendant was a bad credit holder who failed to repay the debt of KRW 1.7 billion of the company operated by the Defendant. At the time, there was a monthly income of KRW 3 million through the occupation of a substitute driver, etc. without any specific property, but this was insufficient to cope with expenditures for living expenses and personal debt repayment. Since the above construction was not properly executed, the Defendant was thought to be used for the purpose of living expenses, etc. rather than the construction cost, even if he borrowed money from the victim, and accordingly, he did not have the intent or ability to repay the money promised to the victim as agreed.

As above, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim, to the new bank account in the name of the victim in the same day, and acquired KRW 18 million in total from the above date to April 17, 2015, by acquiring KRW 100 million in the same manner as the list of crimes in attached Form 10,000 from the above date to April 17, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police interrogation protocol of the accused (including the C’s statement);

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a written complaint, a detailed statement of deposit and withdrawal, text and SNS transmission and reception data, details of mail transmission and reception, and details of account transactions;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders is that the Defendant, while maintaining a relationship with the victim and abused the victim’s patriotism and trust for a long time, acquired a large amount of money and acquired the money by deception.