A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On August 8, 2017, the Defendant made a false statement to the effect that “A victim D who became aware of through B, C, etc. in the insular coffee shop in Dongdaemun-gu Seoul Metropolitan Government, is running a business to build a hotel with a guest room of 3,000 foot prefabricated in the Bupyeong-gu, Gangwon-do, to purchase a hotel site through a free contract, and that E would have already agreed to purchase a hotel site with a Chinese company’s guarantee that exceeds KRW 1,00,000,000 from the F bank. In order to continue to run a usual hotel business, the Defendant would promote work in China in China, and if he/she lends 20,000,000 won to use it as expenses, he/she would have paid it within two months.”

However, in fact, the defendant mentioned the above Gangwon-do average hotel business in Gangwon-do was very rare in itself as well as merely an abstract and remote planning stage, and the plan to stably raise funds necessary for the progress of the business was not secured. Since the defendant did not have any other income or property, there was a lack of intent or ability to repay the funds within the time limit agreed upon by the victim even if borrowing the funds from the victim.

Nevertheless, the Defendant, as above, by deceiving the victim, received from the victim, KRW 20 million from the victim as the borrowed money on July 17, 2017, and acquired it through the HAC account in the name of HAC account (I) in the name of the company run by the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. C’s statement-recording of the fourth trial record and partial statement-recording of the witness B;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Some statements made by the police officers in each protocol of interrogation of the accused, B, and D;

1. Statement to C by the police;

1. The sequence 30. Serial 30.