A defendant shall be punished by imprisonment for two years.

Punishment of the crime

On Oct. 1, 2011, the Defendant made a false statement to the victim D (n, 60 years of age) located in Seo-gu Daejeon Warman, stating that “The amount of tax brought in the country would be 40% if he would transfer this house to son,” and that it would be included in the insurance with the maximum loans granted. It would be safe. If he will receive a loan, he will be included in the insurance and will be at least KRW 1 billion within 10 years.”

However, the defendant only intended to use them for personal purposes and did not intend to purchase insurance for the victim, and did not have the ability to pay money to the victim without any specific property at the time.

On October 13, 2011, the Defendant, by deceiving the victim as above, transferred KRW 100 million out of KRW 280,000,000 to the victim’s house as collateral and received a loan from the victim as the purchase of insurance policy. In the middle of the same month, the Defendant received KRW 280,000,000,000 from the victim, such as receiving the passbook deposited in the custody of the victim and receiving KRW 180,000,00 from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. Each prosecutor's protocol of examination of the accused;

1. Police officers and prosecutor's protocol of statement concerning D;

1. Application of the certified copy of each real estate register, each list of transactions of free savings deposits (22,28 pages of investigation records), and the detailed statement of savings deposit transactions (65 pages of investigation records);

1. Relevant Articles of the Criminal Act and reasons for sentencing under Article 347 (1) of the Criminal Act of the option of imprisonment for a crime;

1. The scope of punishment by sentence: Imprisonment with prison labor for not more than ten years;

2. Scope of recommendations according to the sentencing criteria: Use of personal trust relationship for a period of not less than one year but not more than four years (the decision of type): general fraud; the amount of not less than 100 million won; the amount of less than 500 million won (the scope of decisions and recommendations in the recommended field); the basic area; the amount of imprisonment with prison labor for not less than one year but not more than four years (the amount of general aggravation):

3. Determination of sentence: Imprisonment with prison labor for a period of two years trust the defendant that the victim would live a stable life in old age;