A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On May 2012, at the restaurant where the Defendant, “C” of the 2nd floor of the Dobong-gu Seoul Metropolitan Government B building, is an employee, the Defendant made a false statement that “A, the president, was the victim D, and “I would complete payment by November 2013, if I lent the instruments of the amusement room operated by the E, in which I would have damaged the volume of KRW 100 million and cut E. I would have to receive punishment due to this day, and have to enter into a civil lawsuit for damages, and the amount of KRW 40 million is required.” The Defendant made a false statement that “I would complete payment by November 2013, 200 if I would have borrowed KRW 30 million from Agropos and borrowed the instruments of the amusement room operated by the E.

However, in fact, the defendant was thought to use the money borrowed from the victim to repay the purchase price of the vehicle and the existing debts, there was no need to reach a lawsuit for compensation for damages, and there was a loan equivalent to KRW 10 million that should be paid rapidly at that time, and even if he/she borrowed money due to circumstances in which living expenses are insufficient, he/she did not have an intention or ability to pay it within the agreed period.

Around June 11, 2012, the Defendant, by deceiving the victim as such, received KRW 30,000,000 from the victim to the national bank account in the name of the Defendant.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Payment receipt;

1. A sales contract or a receipt for automobile price;

1. Application of Acts and subordinate statutes to report on investigation (verification of deceptions through details of suspect accounts);

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 scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. The scope of recommendations on the sentencing criteria [the scope of recommendations] general fraud types 1 (less than 100 million won) and the basic area (not less than 6 months of imprisonment or 1 year and 6 months) (no special person).

3. The defendant who made the decision of sentence shall commit his offence.