A defendant shall be punished by imprisonment for one year.

Punishment of the crime

1. Around September 18, 2018, the Defendant: (a) on August 2018, 2018, concluded that “The Defendant is doing construction of the current 1.4 billion foot in the neighborhood of the NFIC; and (b) if the expenses are borrowed KRW 70 million, the Defendant would pay the principal and interest after one year thereafter.”

However, the Defendant did not have any particular property at the time, and was liable for personal debts of 160 million won or more, and did not pay expenses incurred to other construction, and did not have any intent or ability to repay money from the victim.

Around September 18, 2018, the Defendant received a passbook and a e-mail card from the victim in the name of the victim, which contains KRW 70,000,000,00 from the D Bank located in the D Bank located in the Ssung City.

2. Around March 20, 2019, the Defendant, on March 20, 2019, made a false statement to the effect that “The Defendant is performing other construction works, and further money is required. It shall be repaid after one month if it is lent KRW 10 million.”

However, the defendant, as stated in Paragraph 1, is liable for a large amount of debt, and even if he receives the money from the victim, he did not have any intention or ability to repay it after one month.

The Defendant received from the victim the remittance of KRW 10 million from the victim to the F account (G) in the name of the Defendant on the same day.

Summary of Evidence

1. The application of Acts and subordinate statutes governing the defendant's legal statement B, each copy of the police statement, each account transaction details, and credit information history;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of punishment by law: Imprisonment with prison labor for not less than one month but not more than 15 years;

2. Scope of recommendations according to the sentencing criteria: Imprisonment with prison labor for not less than six months but not more than one year and six months (decision of type) shall be classified into general fraud and KRW 100 million.