A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On May 1, 2012, the Defendant stated that “The Defendant shall pay the Victim C with the no cash at present, and shall pay the remaining interest in the loan of KRW 3 million to the Plaintiff, from among the domestic financial institutions located in Pyeongtaek-gu Eup, Bupyeong-gu, Seoul Special Metropolitan City.”

However, in fact, the Defendant was unable to pay the benefits to the employees due to the business depression of the “D” operated at the time, and there was no special property. Furthermore, the Defendant was unable to pay approximately KRW 10 million of personal debt and KRW 10 million of unpaid tax. Rather, the Defendant was able to use the money from the victim for the repayment of personal debt. However, even if the Defendant borrowed money from the victim, he did not have the intent or ability to pay the money.

The Defendant, as above, by deceiving the victim and being delivered 2.5 million won in cash from the victim, was delivered to the victim, and around that time, the Defendant was delivered KRW 787 million in total over 14 times from September 10, 2012, as shown in the crime sight table.

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

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 to investigation reports (Submission of additional data by a complainant and detailed statement of borrowed money);

1. The range of the recommended sentencing guidelines for sentencing under Article 347 (1) of the Criminal Act of the corresponding statutory provisions for criminal facts: consideration of all the circumstances, including the fact that the victim is aged, the fact that the victim is aged, and the damage recovery is not entirely made, in the basic area (from June to June) of category 1 (less than KRW 100 million) of the general fraud;