On October 11, 2016, the Defendant made a false statement to the effect that “The Defendant would reduce the housing interest rate and pay money within three months if he/she borrowed money to the victim D, a workplace partner, with the credit to lower the housing interest rate.”

However, at the time, the Defendant did not have any intention or ability to repay the money borrowed to the victim within 3 months since the Defendant had a debt amounting to KRW 100 million, and the monthly income was equivalent to KRW 2 million, but the interest that was paid every month.

As such, the Defendant, by deceiving the victim, had the victim borrow a total of KRW 47 million from five lending companies, such as (juE, etc.) and obtained a loan from the victim. On October 17, 2016, the Defendant acquired a total of KRW 47 million, including KRW 19 million on October 17, 2016, and KRW 18,000,000 on August 18, 201, and acquired it through the Defendant’s name.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police and prosecutorial examination of the accused;

1. Statement of D police statement;

1. Loan transaction contract, letter, and bank transaction contract;

1. Application of Acts and subordinate statutes to the details of banking entry;

1. Reasons for sentencing under Article 347(1) of the Criminal Act and Article 347(1) of the Selection of Punishment Act [the scope of recommending punishment] : General Fraud (the period of less than 100 million won) and the basic area (the period from June to June) of Type 1 (the period from June to June) (the decision of sentencing): there is no record of crime and reflects his/her mistake, and the victim paid a total of 25.3 million won to the victim during the public trial: the damaged amount is 47 million won and the victim bears interest on the second financial right from September 2017; the victim has been able to pay interest on the second financial right from September 2017 to the interest on the second financial right; the victim has been appropriated as the interest on the second financial right; the victim has still been 39 million won and the victim bears interest on the amount equivalent to 800,000 won per month; and the victim has not agreed with the victim.