A defendant shall be punished by imprisonment for six months.

Punishment of the crime

1. Around February 4, 2010, the Defendant made a false statement to the victim B, “In the vicinity of the Gangnam-gu Seoul Southern Station, the Defendant provided that, if he/she has been engaged in domestic credit business, he/she has lent money to another person, he/she shall be paid interest on a monthly basis, and the principal shall be paid within two months.”

However, at the time, the Defendant had approximately KRW 750 million claims, but most of the non-performing loans that cannot be recovered, while the Defendant was liable to pay approximately KRW 711 billion per month, the Defendant paid KRW 20 million per month, and the Defendant was intended to repay the Defendant’s debt with the money received from the victim, and thus, there was no intention or ability to pay the amount even if he borrowed money from the victim.

The Defendant, by deceiving the victim as such, received property from the victim to a new bank account in the name of C designated by the Defendant, which was transferred to the new bank account in the name of C.

2. On March 10, 2010, the Defendant made a false statement to the effect that “When a person lends money to another person, he/she will receive interest from the third person and pay the principal to the third person within one month along with the money borrowed at a time.”

However, in fact, there was no intention or ability to repay even if the victim borrowed money from the victim because of the lack of self-sufficiency and the intent to repay the Defendant’s obligation with the money received from the victim.

The Defendant, by deceiving the victim as such, received property from the victim to transfer 14 million won from the victim’s account, to the Defendant’s one bank account, which is the child of the Defendant.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes on deposits without passbook;

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts and the selection of punishment;