A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

The defendant is a person who has no fixed occupation.

On December 22, 2011, the Defendant made a false statement to the victim E (the 52-year-old) at a “D” restaurant located in Gyeyang-si, Yangsan-si, stating that “If the Defendant lends 20 million won to the victim E (the 52-year-old-old-old-paid-paid-paid-paid-paid-paid-paid-paid-paid-paid-paid-

However, in fact, the Defendant was a restaurant employee at the time, and there was no other property other than monthly income equivalent to 1.2 million won. However, around 2003, the Defendant purchased the land located in Gyeyang-si under the name of F, the husband of the Defendant, and newly built the house, and did not repay the loan amounting to approximately KRW 140 million until around 2010, since he did not have any intention or ability to pay the loan properly even if he borrowed money from the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 20 million from the victim under the name of the borrowed money at the same place on the same day.

In addition, from around that time to March 23, 2012, the Defendant received a total of 80 million won under the name of the borrowed money, as shown in the attached list of crimes, from around that time to around that time.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Each prosecutor's protocol of interrogation of the defendant and F with respect to each prosecutor's office (including E and H substitute part);

1. A certified deed, a statement of performance of debt repayment, the data for the entry and withdrawal of the I head of a savings bank (not more than 45 pages of investigation records) and copies of each investment agreement;

1. Application of Acts and subordinate statutes to the details of entry and withdrawal of bankbooks (not more than 107 pages of investigation records), copies of financial transaction data (not more than 116 pages of investigation records);

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. The reason for the sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes [the scope of recommending punishment] is the basic area (6 months to 100 million won) of types 1 of general fraud (6 months to 6 months).