A defendant shall be punished by imprisonment for three years.

Punishment of the crime

On January 16, 2009, the Defendant made a false statement to the victim C’s house located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, stating that “When deposit of KRW 300 million is made to the gold Group, KRW 90 billion is made within one week, and that it would be repaid within one week.”

However, the Defendant only stated that he had submitted a letter of intent from the executor who was enrolled with him, and there was no reason to pay KRW 900 billion within a week in the situation at that time, and there was no reason to use the money borrowed from the victim to repay his obligation, so even if he borrowed money from the victim, the Defendant did not have the intent or ability to pay the money to the victim within a week.

The Defendant, by deceiving the victim as such, received 300 million won from the victim’s account under the name of the Defendant on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Application of each police protocol of statement to C and D

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting the crime, Article 347 (1) of the Criminal Act selection of the penalty, and reasons

1. The range of recommending punishment according to the sentencing guidelines [the range of punishment for recommending punishment] shall be not less than one hundred million won by general fraud, and less than five hundred million won by imprisonment (the scope of sentence for recommending punishment], one year through four years (basic area);

2. Although there are favorable circumstances, such as the confession of the crime of this case and the fact that there is no record of special criminal punishment, the defendant has committed the crime of this case and there is no record of criminal punishment. However, the defrauded of the crime of this case is more than 300 million won, the defendant is not agreed with the victim, the defendant is not able to agree with the victim, and the defendant has been absent in the court without good faith after the conclusion of argument, and other motives, means and results leading to the crime of this case, the age, character and behavior, environment, and motive, means and consequence of the crime of this case, the circumstances after the crime, and other records and arguments of this case.