A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

Around April 5, 2007, the Defendant made a false statement that “D” operated by the Defendant in Gwangjin-gu Seoul Special Metropolitan City, which reads that “F, its husband, is engaged in credit business, and if it lends money, it would give one-half interest per month.”

However, at the time, the defendant had already borne a large amount of debt in bad credit standing, and even if he borrowed the above money without any particular profits, he was thought to be used for the purpose of paying the defendant's personal debt regardless of the husband's credit business, and there was no intention or ability to pay it properly.

As such, the Defendant, by deceiving the victim, received 30,000,000 won from the victim to the single bank passbook in the name of G from the victim, i.e., remittance from the victim to the one bank passbook in the name of G, and received a total of 277,80,000 won from the time to May 4, 2007, as shown in the annexed list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement made by the prosecutor's office on the accused among the interrogation records of the accused (including the interrogation records of the complainants);

1. Each police interrogation protocol concerning F and G;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on transactions of passbooks;

1. Relevant Article of the Criminal Act and Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes are as follows: (a) background leading up to the Defendant’s committing the instant crime (after the Defendant borrowed money from the victim to repay debts to others on or around May 2006, the Defendant continuously borrowed money from the victim to make a monetary transaction for about one year, such as continuously borrowing the money from the victim and repaying the money, and eventually, he/she was unable to perform his/her obligation such as interest increased due to continuous monetary transactions, which eventually led to the instant crime) and the Defendant’s damage caused by the instant crime.