A defendant shall be punished by imprisonment with prison labor for four months.

Criminal facts

On March 30, 2014, the Defendant stated, “Around the same day, the Defendant borrowed money to the injured party B, which is the best business of the young, while the funds are needed.”

However, at the time, the Defendant used all monthly salaries received as an employee in the restaurant as a daily expense, was thought to use the victim's money as an individual debt repayment, living expenses, etc., and there was no intention or ability to repay the money borrowed from the victim due to the absence of any other income.

Around April 4, 2014, the Defendant, by deceiving the victim as above, received KRW 3 million from the victim to the Agricultural Cooperative account in the name of the Defendant, and acquired the total amount of KRW 19 million from that time to November 30, 2014, as stated in the separate crime list, from that time by November 30, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning B;

1. B accusation;

1. Application of Acts and subordinate statutes on deposit transactions;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting the crime;

1. Reasons for sentencing selective sentence of imprisonment with prison labor;

1. The scope of applicable sentences under Acts: One month to ten years of imprisonment;

2. Scope of recommendations based on the sentencing criteria: Imprisonment with prison labor for not less than six months to not less than one year and six months.

(a) Determination of types: One type of fraud (less than 100 million won) in general;

(b) A special breeder: No person;

(c) Determination of the territory of recommendation: Basic territory;

3. Determination of sentence: Determination of imprisonment with prison labor for a period of four months that the amount of damage caused by fraud is relatively large;

However, the Defendant failed to complete the damage even after five years have passed since the beginning of the first crime of fraud in the judgment.

In the course of committing the crime of fraud in the judgment of the defendant, it is not very good for the defendant to commit the crime, such as deceiving the victim by gathering the name of C, which is the child, and preparing a loan certificate.

Above all, it is.