A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 8, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc.) in the Jinwon District Court's Jinju branch on August 8, 2012, and the judgment was finalized on August 17, 2012.

1. Around July 5, 2011, the Defendant made a false statement to the effect that “The Defendant would pay money to the victim by the end of August, 201 if he/she lends money to the victim at the D cafeteria operated by the victim C, which is located in Jinju-si B.”

However, the Defendant did not have a clear occupation at the time, and was unable to repay the obligation of KRW 5 million borrowed from the lending company, and was not registered as a credit in bad faith due to the credit card payment, etc., and even if the Defendant borrowed money from the victim, he did not have any intent or ability to repay it, since he had been living in the gambling place and had been living there.

Ultimately, the Defendant: (a) by deceiving the victim as above and received KRW 5 million from the victim as the borrowed money on the same day; (b) from around that time to June 29, 2012, the Defendant received delivery of KRW 53,180,000 in total over 24 times, as shown in the crime sight table, from around that time.

2. On November 16, 201, the Defendant made a false statement to the effect that, from the law firm F office located in Jinju-si, the Defendant would sell the scrap metal to the victim and repay all the borrowed money so far if the scrap metal price is erroneous.

However, since the defendant did not have sufficient means to repay the borrowed money as stated in Paragraph 1, the victim did not have the intent or ability to repay the borrowed money to the victim even if the victim would have jointly and severally guaranteed.

Ultimately, the defendant deceiving the victim as above and let the victim enter into a joint and several guarantee contract for the defendant's obligation of KRW 30 million to G on the same day.