A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On March 30, 2018, the Defendant was sentenced to imprisonment with prison labor for one year and six months in Seosan Branch of the Daejeon District Court on September 28, 2018, and the judgment became final and conclusive on September 28, 2018.

Criminal facts

The defendant works as an employee in Masan-si, Masan-si, Masan-si B, and became aware of the victim D as a guest.

On February 1, 2017, the Defendant borrowed money from the victim who resides in Changwon-gu, Changwon-si E in order to pay the money to the victim.

“The phrase was false.”

However, the defendant had a debt equivalent to KRW 300 million, and even if he/she borrowed money from the damaged party due to the revenue, he/she did not have an intention or ability to complete payment.

The Defendant, by deceiving the victim, received the cash card in the name of the victim from the victim, and received the said card from the F account in the name of the victim from February 1, 2017 to July 25, 2017, both of which were deposited 85 times as shown in the list of crimes, and the amount of the loan received through the provision of the apartment house owned by the victim and the amount of the loan received through the provision of the apartment house owned by the victim, and acquired the total amount of KRW 136,34,00.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A detailed statement of withdrawal of a complaint and a D passbook;

1. Previous convictions: The application of Acts and subordinate statutes to inquire about criminal history and report criminal investigation (report on previous convictions and confirmation of criminal history);

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. The latter part of Article 37 of the Criminal Procedure Act: Provided, That the sentencing of Article 39(1) is set as ordered in consideration of the following circumstances: (a) the Defendant’s age, sex, environment, family relationship, motive and consequence of the crime; and (b) the circumstances constituting the conditions for sentencing as shown in the argument of the instant case; and (c) the punishment shall be set as ordered in consideration of the following circumstances:

Normals which are disadvantageous: A large amount that the amount of fraud reaches KRW 136,34,00, and the normal circumstances that are favorable to the fact that the amount of damage is not repaid at all: the confession is against the law, and the latter part of Article 37 of the Criminal Code is cut down.