A defendant shall be punished by imprisonment for six months.

Punishment of the crime

Since 2014, the defendant provided personal teaching of the victim B's children and became aware of the victim's children.

On January 7, 2019, the Defendant made a false statement to the victim, “If the Defendant, by telephone, transferred the monthly rent to another director, and the money shortageed, would be repaid until June 2019.”

However, the Defendant did not have any director, received money from the victim to use it as personal debt repayment and living expenses. At the time, the Defendant did not have any special property or monthly income and did not have any intent or ability to repay the money even if he borrowed money from the victim.

Nevertheless, the Defendant received 30,000 won in total over 30 times, including that he received from the victim as a C(D) account in the name of the Defendant under the name of the Defendant on the same day, and obtained 38,330,000 won in addition to the list of crimes in the attached Form.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. The police statement concerning B;

1. The details of criminal complaint, account transaction, Kakao Stockholm dialogue, and withdrawal from the E account;

1. Application of investigation reports (verification of details of accounts used by suspects), details of accounts in each C, investigation reports, and credit information-related Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

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. The sentencing decision-making defendant shall have 30 or more times in total by taking advantage of trust relationships, such as personal teaching for the children of the victim;