A defendant shall be punished by imprisonment for one year.

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

Criminal facts

[2012 Highest 2936]

1. On May 13, 2011, the Defendant made a false statement to the effect that, at around 10:00 on May 13, 201, the Defendant would pay 22,00,00,000 won interest shall be calculated as KRW 2,00,00,000, if he/she borrowed money to the “F” to the victim “F substantially operated within the military Si E,” because he/she needs to pay money at the purchase cost of the test and goods.”

However, at the time, the Defendant was not only a person with bad credit standing, but also a person with no property, such as real estate, in his/her own name, and even if the Defendant borrowed money from the victim as he/she did not have any specific profit because the said “F” does not operate the store.

On the same day, the Defendant, by deceiving the victim, received 16 million won from the victim to the account in the name of his/her father G with respect to the loan amounting to KRW 20 million and KRW 4 million.

2. On July 28, 2011, the Defendant made a false statement to the effect that “I” teahouse located in H on July 27, 2011, the Defendant would purchase K land at the time of the regular Eup/Myeon, and that “I would purchase K land at the time of the regular Eup/Myeon, and if there is no down payment, I would give a loan of KRW 80,000,000,000,000,000 won and interest within the draft of the loan with the land at the latest.”

However, at the time, the defendant had no property, such as real estate, in his own name, and was not a person with bad credit, and there was no particular profit, so even if he borrowed money from the victims, he did not have an intention or ability to repay it.

As such, the Defendant, by deceiving the victims, had the victims D transfer KRW 50 million to the account in the name of the seller of the said land as the down payment on July 28, 201, and the victimJ deposit down payment amounting to KRW 20 million on July 28, 201.