A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On April 30, 2010, the Defendant received KRW 10 million from the victim to the Agricultural Cooperative Account under the name of the Defendant, on the same day, under the false statement to the effect that “a business fund is required, if a loan is made without money,” from the victim via C, which is a branch of money around April 30, 2010.”

Around June 4, 2010, the Defendant made a false statement to the same effect as the victim via the above C, and received KRW 10 million from the victim as the loan money on the same day.

Around August 9, 2010, the Defendant, through the above C, received cash services from the victim via the Defendant’s bank account (hereinafter “C”) on the same day from the victim, stating to the effect that “I will receive the cash services with her husband’s credit card, and will lend money with her husband’s credit card and make payment without her money).” The Defendant received five million won from the victim to the said agricultural bank account on the same day.

Around September 5, 2011, the Defendant received money from the victim by telephone to the said Agricultural Cooperative Account on the same day as the money borrowed from the victim on September 5, 2011, stating that “I would have been required to make money by his or her husband and wife due to his or her multi-stage fraud, and would have been repaid with money to his or her husband and wife due to his or her knowledge of his or her fraud.”

Around October 5, 2011, the Defendant continued to borrow money from the victim by telephone to the victim’s account in the name of each Defendant on the same day, and received money from the victim to the bank account in the name of each Defendant, on the same day, on the ground that “A kindergarten student (F) borrowed money from the victim, which was unable to lend money due to circumstances, and that the payment of money would be repaid without money if he/she borrowed money.”

However, in fact, the Defendant did not have certain income or assets, and was unable to borrow 30 million won from H, etc. while operating a restaurant, such as “G,” etc. prior to the instant case, and was not repaid from the card company.