A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

around May 2014, the Defendant stated to the effect that “E” office in Gangnam-gu Seoul Metropolitan Government Defendant’s operation “E” means that “The victim F will pay 7% interest per month on the loan of operating funds to the mother and child, and the principal shall be repaid in installments.”

However, at the time, the Defendant was unable to lend money exceeding KRW 100 million from other persons, and there was no particular income from the management difficulties of the said golf products, and even if there was no property, there was no intention or ability to repay the money from the damaged person.

On May 19, 2014, the Defendant was given a cash of KRW 50 million from the injured party under the pretext of a loan.

The Defendant, including that, from around that time to September 24, 2014, obtained a total of KRW 120 million from the damaged person on three occasions, such as the list of crimes in the annexed crime list, and obtained it as a borrowed money, and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Internet transfer details, process certificates, details of transfer, certification of details, details of account transactions under the name of a suspect, and text messages;

1. Investigation report (the analysis of the details of the transaction of the platform, submission of suspect photograph - Cash 70 million won) / (the defendant and his/her defense counsel asserted that the defendant did not deceive the victim and did not have any intention to defraud him/her, but the victim lent KRW 300 million, etc.

A statement is made without any objective basis on the background of the loan or the amount of damage, such as filing a complaint, but at least the amount of KRW 80 million remitted to the account and the amount of KRW 40 million recognized by the defendant is recognized to have been borrowed from the damaged party. This is by deceiving the victim to the effect that the victim would pay the interest and repay the principal without any substantial aggravation of the ability to repay the principal even if the defendant borrowed the money with excessive debts accumulated at the time.