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

except that 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

1. On November 22, 2016, the Defendant, on November 22, 2016, made a false statement to the victim B, stating, “The Defendant would make payment within one month, if he/she lent KRW 5 million to the victim B, at the trade incomponment points located in the Eunpyeong-gu Seoul search Dong in Eunpyeong-gu Seoul Special Metropolitan Government.”

However, at the time, the Defendant did not have any intention or ability to complete payment even if he borrowed money from the victim because the commencement of the individual rehabilitation was decided on the basis of approximately KRW 80,000,000,000 for financial institutions, and the repayment of the money was made at the time.

As such, the Defendant, by deceiving the victim, received KRW 5 million from the Defendant’s post office account around November 22, 2016.

2. On November 30, 2016, the Defendant, on November 30, 2016, made a false statement to the effect that “The Defendant would make a repayment within one month, at the end of one million won, with the victim’s telephone, at the end of five million won.”

However, at the time, the Defendant did not have any intention or ability to complete payment even if he borrowed money from the victim because the commencement of the individual rehabilitation was decided on the basis of approximately KRW 80,000,000,000 for financial institutions, and the repayment of the money was made at the time.

As such, the Defendant, by deceiving the victim, received five million won from the victim’s post office account on November 30, 2016.

3. On December 23, 2016, the Defendant, on December 23, 2016, made a false statement to the effect that “If the Defendant borrowed only three million won by telephone to the victim, he/she would necessarily repay the victim KRW 13 million with the money borrowed at once by the end of December, 2016.”

However, at the time, the Defendant did not have any intention or ability to complete payment even if he borrowed money from the victim because the commencement of the individual rehabilitation was decided on the basis of approximately KRW 80,000,000,000 for financial institutions, and the repayment of the money was made at the time.

As such, the defendant deceivings the victim.