A defendant shall be punished by imprisonment for six months.

Punishment of the crime

In fact, even though the defendant did not have an intent or ability to repay the card price to the victim C even if he borrowed money from the victim due to the aggravation of economic circumstances due to debt, etc., on August 19, 2016, if he borrowed money to the victim immediately from the non-permanent area Seoul located, he/she would repay the card price and receive the loan immediately.

In short, the payment of the amount of KRW 13 million from the injured party on August 19, 2016, and KRW 15 million on August 27, 2016 is just due to the loan of money to the injured party on September 7, 2016 as the business cost is required.

It received 15 million won from the injured party on the same day on the same day, and acquired 43 million won in total by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Some statements made to the defendant in the police interrogation protocol (not including a list of evidence No. 1 and a part not adopted as evidence);

1. Part of C’s statement concerning the suspect interrogation protocol (No. 7 of the evidence list) against the defendant

1. Statement made to C by the police in the protocol; and

1. Application of each Act or subordinate statute to a copy of a passbook, an inquiry about transaction details, and a written confirmation of electronic financial transfer result;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. Determination as to the defendant's assertion under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes

1. The defendant's assertion that if the defendant lent money to the victim as stated in the facts charged, he will repay the card price to the victim immediately and receive the loan.

It means lending money (as of August 19, 2016, KRW 13 million, and KRW 15 million) again means a need for business expenses, and lending money to the defendant at the time of borrowing money from the damaged person (as of August 27, 2016, KRW 15 million). However, the defendant did not mean that he/she will repay money immediately after the tin passes (as of September 7, 2016, KRW 15 million), and he/she borrowed money from the damaged person.