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

Punishment of the crime

On August 2008, the Defendant stated that “A dance hall near the Suwon Station will pay interest of KRW 1,500,000 per month to the victim D for the number of days during which the Defendant received the money for the subject of the contract.” On September 2008, the Defendant received KRW 25 million from a national bank near the Ansan Station, and again received KRW 25 million from a non-permanent place around that time.

However, the Defendant had previously been engaged in daily play and had experience in raising money before that time, and had no ability to pay interest of KRW 1.5 million per month to the victim as above. In addition, the Defendant received money from the victim as above, the Defendant was planned to use it as a living cost or to invest in the business with a name-friendly friendship.

Accordingly, the defendant deceivings the victim, thereby deceiving 50 million won.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense, Article 347 (1) of the Criminal Act selection of punishment, and grounds

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Scope of the recommended sentence on the sentencing guidelines [decision of type] group of fraud crimes-general fraud-10 million won or less [the scope of the recommended range] basic area (one to six months of imprisonment) (one to six months of imprisonment): No special person:

3. The sentence of this case was committed by the Defendant during the period of suspension of execution, and the amount of damage of this case was not yet recovered from damage, and the sentence is determined as ordered within the scope of recommendation, considering the fact that the Defendant committed the crime of this case during the period of suspension of execution.