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

Punishment of the crime

On November 2018, the Defendant stated that “In the construction site, at the construction site, there is a case where the construction company sells gold to its employees at the construction site, at the time of completion of the construction work. There is a 20% margin for the construction company to cut the false account in the construction site, execute the budget, and return the gold value to the construction company. Furthermore, if the Defendant lends money to the construction company, the Defendant would have repaid the said money by January 21 of the year.”

However, even if the defendant borrowed money from the victim, he did not have the intent or ability to return the borrowed money to the victim and pay the agreed profit by purchasing the money with the above money.

Ultimately, on November 13, 2018, the Defendant, by deceiving the victim as above, received KRW 2,000,000 from the victim’s national bank account (C) under the name of the Defendant, as the purchase price, and received KRW 2,000,000 from the above date and time to January 7, 2019, as shown in the separate list of crimes, remitted the sum of KRW 82,50,000 to the above account over 21 times, as shown in the separate list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation into police statements B;

1. Application of Acts and subordinate statutes on the receipt of loans and the details of account transactions (A) to the National Bank;

1. The relevant Article of the Criminal Act and Article 347 (1) of the Criminal Act that prescribes the applicable criminal facts, the reasons for sentencing choice of imprisonment with prison labor;

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

2. The scope of recommendation [decision of types] according to the sentencing guidelines and there is no person who is less than KRW 100 million [the category 1] (the scope of recommendation field and recommendation range] and the basic area of recommendation [the scope of recommendation field and recommendation range], six months to one year and six months.

3. Determination of sentence: The crime of this case for a period of eight months is very likely to be committed in light of the circumstances and frequency of the crime by deceiving the victim who had a close relationship with him/her, and by deceiving him/her through several times.