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

Punishment of the crime

On October 201, the Defendant stated that “A” house located in Seogugu, Seo-gu, Seo-gu, Seo-gu, would use it for the operation of the credit business if it lends KRW 50 million to the victim D, and would repay the principal to the victim by September 5, 2012 by paying the principal and interest KRW 50 million per month and KRW 1.3 million per month.”

However, in fact, the Defendant did not have any intent or ability to repay the principal and interest as promised even if he received the money from the victim because he had been in excess of the obligation due to the vehicle capital plus the 40 million won loan, due to the operation of credit business and failure to recover the money properly.

Nevertheless, on October 19, 201, the Defendant, by deceiving the victim as above, received KRW 20 million from the victim to the Busan Bank Account (E) in the name of the Defendant, and received KRW 28.7 million in cash from the G Law Office located in the Daegu Suwon-gu F on October 28, 201.

Accordingly, the defendant was given a delivery of KRW 48.7 million by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A complaint, notarial deed, and specification of transactions;

1. Details of the Busan Bank account in the name of a suspect, details of the suspect's name Busan Bank account (H), details of the suspect's name Busan Bank account (I), and details of the suspect's name Nonghyup Bank account;

1. Application of Acts and subordinate statutes to a criminal investigation report (to hear statements from a complainant on telephone), a criminal investigation report (to telephone conversations of a suspect A), and a criminal investigation report (verification of details of accounts in the name of

1. In full view of the relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act of the choice of punishment, the amount of the punishment of imprisonment selective sentencing, and the fact that the damage has not been recovered even until seven years have passed since the crime was committed, the punishment as ordered shall be determined by comprehensively taking into account the following: