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

Punishment of the crime

On June 29, 2011, the Defendant told the victim C to the effect that “I will have already been invested 200 million won from a member of the National Assembly of Busan Dong-gu, which is necessary to engage in trade business, and will have to fully repaid the interest if I lend money to the member of the National Assembly.”

However, the defendant was not aware of the member of the National Assembly in Busan Dong-gu, and there was no investment of 200 million won, and even if he borrowed money from the victim, he did not have the intention or ability to complete the payment.

The Defendant, on June 29, 201, transferred KRW 29 million from the victim to the account of the Defendant around July 1, 201, and KRW 8 million from July 1, 201. On October 12, 2011, the Defendant received KRW 40 million from the victim, including the receipt of KRW 3 million in cash at the mobile phone store next to the Busan Jindong-dong, Busan, Busan, and acquired it.

Summary of Evidence

1. Defendant's legal statement;

1. C’s legal statement;

1. Statement of D police statement;

1. Application of specification of transactions and statutes governing authentic deeds;

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

1. The reason for sentencing Article 57 of the Criminal Act, including the number of days of pre-trial detention, appears to have suffered enormous damage, such as treating the place of business operated by the instant crime, and even if so, the Defendant did not make a serious effort to recover damage, and did not seem to be against the victim while denying the crime, etc., the punishment as set forth in the disposition shall be determined in light of the following: