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

Punishment of the crime

Around April 1, 2013, the Defendant called, “Around April 1, 2013, the Defendant called, “Around the last place of the Defendant’s operation in the Jung-gu Seoul Jung-gu C2, the victim D by phone, and, at the last place of the Defendant’s operation, the Defendant borrowed only 10 million won if there is any money rapidly used, and would make repayment within three months.”

However, the defendant was registered as a bad credit holder due to bank obligations of approximately KRW 60 million around December 201, and filed a petition for bankruptcy around January 201. The defendant did not have any other property, and since the income of the Marina shop was fully consumed due to gambling and living expenses, there was no intention or ability to repay the above money within several months even if he borrowed the money from the victim.

Nevertheless, as such, the Defendant, by deceiving the victim, received money of KRW 10 million from the victim to the national bank account under the name of the Defendant E in the same day from the victim’s wife, and acquired it, and accordingly, received KRW 13 million from around that time to January 27, 2014, and repaid KRW 4395 million among them.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on attached materials;

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;