A defendant shall be punished by imprisonment for six months.

Punishment of the crime

피고인은 2013. 1. 10. 불상의 장소에서 피해자 B에게 전화를 걸어 “돈이 급하게 필요하니 여윳돈이 있으면 3,000만 원을 빌려 달라, 여기저기서 들어올 돈이 있으니 열흘 정도 후에 틀림없이 갚겠다.”라고 말하였다.

However, even if the Defendant borrowed money from the victim, he/she was thought to use the money in full to prevent him/her from repaying his/her obligation 40 million won to repay his/her debt to friendly C, and the Defendant was also obligated to pay KRW 36 million, which he/she borrowed from Da in the course of opening the real estate brokerage business operated by Do. However, there was no economic difficulty due to the lack of a certain amount of income, and thus there was no intention or ability to repay the money after the draft.

The Defendant, as such, by deceiving the victim, received 30 million won from the national bank account in the name of the Defendant for the purpose of borrowing money around 14:37 on the same day from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of transactions, money loan contracts, and details of transactions;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of the details of banking transactions);

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. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and there is no person who is less than KRW 100 million [type 1] [the scope of recommendation and recommendation]. The basic area of recommendation and recommendation [the scope of recommendation field and recommendation], the period from six months to one year and six months [the general person] [the grounds for suspension of execution of sentence] - Major illegal grounds: Unagreement:

3. Determination of sentence: Six months of imprisonment;