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

Criminal facts

On March 21, 2012, the Defendant stated to the effect that, at the victim E’s house located in Suwon-si, Suwon-si, the Defendant would take over and operate the F apartment childcare center in Chungcheongnam-si, Chungcheongnam-si, and that, if the Defendant borrowed the down payment of KRW 15 million, the Defendant would pay the interest of KRW 1 million per month and pay the principal by December 31, 2013.

However, at the time of fact, the defendant did not have entered into the above child-care center acquisition contract, and there was no intention or ability to make timely payments to the victim even if he received the above money from the victim as a loan.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 15 million from the victim to the account (Account Number: H) in the name of the Republic of Korea (the husband of the Defendant) in the name of G (the husband of the Defendant) at the seat of the victim, from the time to July 6, 2012, and acquired the victim by deceiving the victim more than five times through a similar method, such as the annexed crime list, from the time to July 6, 2012.

Summary of Evidence

1. Statement by the defendant in court;

2. The police statement of E;

3. Application of Acts and subordinate statutes on the details of transactions of gold.

1. The relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act on the punishment of the crime of this case (in general, the choice of imprisonment with prison labor) is not much likely to cause damage to the crime of this case, and the fact that the crime is committed during the suspension period is an element of sentencing unfavorable to the defendant

On the other hand, it is an element of sentencing favorable to the defendant, such as the fact that the defendant recognizes and reflects the facts charged in this case, and that the victim does not want the punishment against the defendant.

Furthermore, the sentencing guidelines, including the Defendant’s age, character and conduct, environment, and criminal records, were taken into account equally, and also referenced to “Fraud sentencing guidelines” prepared by the Sentencing Committee.