A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

1. On January 14, 2017, the Defendant made a false statement to the victim C by posting a telephone from the Defendant’s house located in Nam-gu, Incheon Metropolitan City, that “If the apartment was sold in lots, and the down payment is insufficient, if the apartment contract is not concluded, the Defendant would return the money immediately and if the apartment contract is concluded, he/she will repay the money until August 2017.”

However, the Defendant did not have any property and has no job, thereby receiving basic living expenses without any income, and there was no intention or ability to repay the money borrowed from the victim until August 2017.

Around January 14, 2017, the Defendant deceptioned the victim as above, and acquired 6 million won from the victim to the account under the name of the Defendant with the borrowed money.

2. Around January 17, 2017, the Defendant sent a phone call to the victim C, and made a false statement to the effect that “When a child was involved in an accident, he/she requires the other party to pay the agreed amount too much. If the Defendant borrowed KRW 2 million, he/she will repay the amount until August 2017.”

However, the Defendant did not have any property and has no job, thereby receiving basic living expenses without any income, and there was no intention or ability to repay the money borrowed from the victim until August 2017.

On January 17, 2017, the Defendant, by deceiving the victim as above, received KRW 2 million from the victim to the account in the name of the Defendant as the borrowed money from the victim and acquired it by money.

3. On January 24, 2017, the Defendant made a false statement to the victim C by putting a phone to the victim C, stating that “The agreement was insufficient that franc was involved in an accident while performing funeral services. If 2 million won is loaned further, the Defendant would repay KRW 10 million at the same time on August 2017.”

However, the defendant has no property and has no job but received basic living costs without any specific income, and he/she has repaid the money borrowed from the victim until August 2017.