A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

On July 2017, the Defendant made a false statement with the victim’s “D” in the “D’s operation of Gangnam-si B and the third floor of the Victim C,” which reads that “The funds are needed to open a meeting. If a business fund is lent, the Defendant would give KRW 1 million interest per month, and the principal will be repaid at any time on the desired date.”

However, in fact, the defendant thought that he would use the money borrowed from the victim for his personal debt repayment and living expenses. At the time, the defendant did not have any fixed income or property in his name as a bad credit holder, and there were many personal debt other than the victim's debt, and even if he borrowed money from the victim, there was no intention or ability to repay it.

On July 21, 2017, the Defendant, by deceiving the victim as above and deceiving the victim, obtained a transfer of KRW 20 million to the F account (G) in the name of the Defendant E used by the Defendant on July 21, 2017 and acquired the property owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A specification of transactions;

1. Application of Acts and subordinate statutes concerning investigation reports (account details);

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting the crime, Article 347 (1) of the Criminal Act selection of the penalty, and reasons

1. Scope of punishment by law: One month to ten years;

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

3. Circumstances favorable to the decision-making of sentence: The fact that the amount obtained by the defendant is not much than 20 million won, the fact that the defendant has made an agreement on one occasion on the condition of the repayment of damage to the victim, but the victim has withdrawn his/her intention not to punish the defendant and has expressed his/her strict punishment.