A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

From April 2016, the Defendant was bling with the victim B and the victim.

Around April 2016, the Defendant started with the victim B and the Plaintiff on July 2016, and concluded a false statement that “I will pay to the Plaintiff the amount of KRW 200,000,000,000,000,000,000,000,000 won per month, including the number plate value. The value of the tourist bus exceeds KRW 4,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won.”

However, in fact, the defendant did not need to pay the monthly amount of the bus in the name of the monthly payment or the repair cost of the bus as a tourism bus operator, not the monthly payment, and even if he borrowed money from the victim due to economic difficulties due to credit card debts, etc. at the time, he did not have the intent or ability to pay the money to the victim.

Nevertheless, on July 7, 2016, the Defendant received KRW 3 million from the victim to the Defendant-type C Bank (D) account in the name of the Defendant, and received KRW 9,648,00 from the victim 14 times from August 4, 2018, as indicated in the attached list of crimes.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Investigation Report (Submission of Materials by Complainant), - detailed statement of deposit transactions, etc., investigation report (suspect E reply), and credit inquiry report;

1. Application of the details of transfer, such as a copy of passbook, and the certificate of transaction confirmation;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Reasons for the sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act [the scope of recommending punishment according to the sentencing guidelines] [the decision of type] fraud in the context of concurrent crimes [the type 1].