A defendant shall be punished by imprisonment for a term of one year and four months.

Punishment of the crime

The Defendant is a person who operated “D” in Busan Jung-gu building C.

The defendant around 12:45 on May 16, 2014 to the victim E, who was aware of his knowledge in the influence of the trade name located in the Jung-gu Busan Central Dong, Jung-gu, Busan, the defendant would receive investment money from a new customs company if he borrowed money.

The phrase “ makes a false statement.”

However, due to cumulative business managers, the Defendant did not have any intent or ability to repay the borrowed amount as a promise, since the Defendant was in excess of the debt amount of KRW 400 million, personal debt amount of KRW 200 million, and was thought to use the borrowed amount as office operation expenses, etc. from the injured party, and there was no intention or ability to receive the borrowed amount from the new customs broker.

The Defendant: (a) by deceiving the victim as above; (b) received the remittance of KRW 50 million from the F bank account (G) in the name of the victim on the same day from the victim; and (c) received the total amount of KRW 200 million from the time to December 2, 2016, as shown in the list of crimes in the attached Table of Crimes, from the time to December 2016.

Summary of Evidence

1. The defendant's legal statement (the first trial date);

1. Statement made by the police for E;

1. A certificate of loan and a certificate of transaction;

1. Application of Acts and subordinate statutes to investigation reports (related to statements of witnesses);

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

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

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] general fraud (the amount of at least KRW 100 million, the amount of less than KRW 500 million) is the basic area (one year to four years) (the person subject to special sentencing).

2. Normal circumstances that are disadvantageous to the decision-making of sentence: The amount of fraud has not been repaid at all while the principal has not been repaid, and the victim has been sentenced to a fine of 100,000 won in the year 191.