A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On December 22, 2016, the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution at the Seoul Central District Court, and the said judgment became final and conclusive on July 14, 2017.

On August 30, 2014, the Defendant made a false statement to the victim in the E main point of the victim’s D operation in Gangnam-gu Seoul Police Officer Co., Ltd., stating that “If his father loans KRW 7 million as his father’s hospital expenses are required, the Defendant would have repaid the victim without fail until December 30, 2015.”

However, even if the defendant borrowed money from the injured party, he did not have the intention to use it as the hospital expenses of his father, and there was no intention or ability to pay it even if he received money from the injured party on the pretext of the borrowed money because the defendant had already been in an urgent situation to pay interest on the card of approximately KRW 50 million.

Defendant deceiving the victim as above and acquired KRW 32 million from the injured party as a total four times from June 2014 to November 13, 2014, in the passenger car owned by the victim and parked in the vicinity of Seoul Gangnam-gu Seoul on the same day by obtaining KRW 7 million as a loan, as well as from June 2014 to June 2013, the Defendant acquired the money by obtaining KRW 32 million from the injured party as stated in the daily list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Each process deed and each letter;

1. A previous conviction: A reply to inquiry, a report on the result of confirmation of a previous conviction in the disposition, the text of the judgment, the search and judgment of the case [the defendant and his defense counsel asserted that the defendant did not borrow money from the victim, but the victim's statement on the grounds that he borrowed money is consistent, namely, the following circumstances acknowledged by each evidence, i.e., ① the victim's statement on the grounds that he borrowed money is consistent, ② the defendant and the victim prepared a fair certificate two times for the obligation of this case, and the defendant prepared a written statement on the amount of KRW 27 million in cash and delivered it to the victim separately.