A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On June 12, 2014, the defendant was sentenced to imprisonment for six months with prison labor at the Busan District Court, and the above judgment became final and conclusive on December 12, 2014.

On August 7, 2013, the Defendant made a false statement to the victim C, “I wish to make a bid on an on-road parking lot under the jurisdiction of the Gu office. If I lend a bid bond, I will make a full payment 15 days after adding five additional interest to five additional interest.”

However, in fact, the Defendant was in bad credit standing due to the Defendant’s failure to pay credit card bills, and the Defendant’s personal obligation is approximately KRW 20 million, and the Defendant was in arrears with approximately KRW 52 million, and there was no intention or ability to pay money even if the Defendant borrowed money from others due to extreme aggravation of financial situation.

As above, the Defendant, by deceiving the victim as above, received 21 million won from the victim to the personal compromise account under the name of the Defendant on the same day as the money borrowed.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. Previouss before judgments: Criminal records, investigation reports (report on confirmation of pending cases), judgment, and application of Acts and subordinate statutes governing the search of court cases;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense, the choice of punishment, and imprisonment;

1. The sentence of imprisonment with prison labor is imposed in consideration of the motive, means, and consequence of the crime, the defendant's age, environment, criminal records, and family relation, as stated in the judgment of the reasons for sentencing under the latter part of Article 37 and Article 39(1) of the Criminal Act, taking into account the fact that there is a favorable reason for equitable sentencing with the case where the defendant was judged as having committed the crime in the same manner as stated in the judgment of the reasons for sentencing, but the amount of damage has not been recovered even though the amount of damage was not so much, and the situation of the opening is insufficient (Provided, That it is not reasonable