A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

1. Around December 2015, the criminal defendant, around December 2015, concluded that “A” operated by the victim C in Seopo-si B, Seopo-si, Seopo-si, that “If he/she lends KRW 20 million to the victim, he/she would pay the victim one-year interest rate per 10 million per month.”

However, in fact, the Defendant was at least 30,344,00 won, and was not paid to the members of the service office operated by the Defendant, while there was no particular property and there was no certain income. Therefore, even if the Defendant borrowed money to the Credit Guarantee Fund with a monthly interest rate of KRW 10,000,000, there was no intention or ability to pay the interest or principal within the period in which the Defendant promised to pay the principal.

The Defendant, as such, by deceiving the victim, received the total sum of KRW 20 million from five times from the E bank account (Account Number: F) in the name of the Defendant from December 8, 2015 to December 29, 2015, and acquired the money from the victim.

2. On January 16, 2016, the Defendant made a false statement to the effect that “The Defendant would make a repayment immediately after the lapse of an explanation if the Defendant borrowed only KRW 10 million to the victim,” which was operated by the victim C in Seopopo-si B around January 16, 2016.

However, in fact, the defendant was about 30,344,00 won to be paid to the Korea Credit Guarantee Fund, and even if there was no particular property or income, there was no intention or ability to repay it within the agreed time limit.

The Defendant, as such, by deceiving the victim, obtained the sum of KRW 10 million, such as checks and cash, from the victim, that is, he/she obtained from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes of each cash custody certificate, text and details of transactions by account;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Aggravation for concurrent crimes;