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

Punishment of the crime

On March 10, 2015, the Defendant made a false statement to the victim B by calls to the Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City”) around March 10, 2015 to the effect that “I will make a loan of KRW 10 million,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

However, in fact, the Defendant did not work in the lending-related company, and was in excess of the obligation, such as bearing a large amount of obligation with no particular income at the time, and thus, the Defendant did not have the intent or ability to pay the loan on behalf of the victim even if the Defendant received the loan and delivered the loan to the Defendant.

The Defendant received KRW 5 million in total from the victim to the new bank account in the name of the Defendant on the same day, and received KRW 4 million in total from the next day to the same account on the same day.

As above, the Defendant received property by deceiving the victim and acquired the property.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A complaint;

1. Application of the certificate of borrowing and written confirmation of transfer transaction Acts and subordinate statutes;

1. The punishment against the defendant shall be determined in the same way as the order is given, taking into account the relevant legal provisions on the crime and the fact that the reason for sentencing under Article 347(1) of the Criminal Act was not recovered, taking into account the criminal records of the defendant, the details of separate cases during the current process, and reflective factors of sentencing.