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 May 30, 2012, the Defendant made a false statement that “If a safety diagnosis instructor is to be conducted against a flag vehicle, etc., the cost of rebates is required, the Defendant would be paid three additional interest on the borrowed money, and the Defendant would receive tuition fees later.”

However, even if the Defendant borrowed money from the victim, it was thought that it would be used to purchase the “sports soil lottery ticket”, and did not intend to use it as the rebates, and did not have any intent or ability to repay it to the victim.

The Defendant, as such, by deceiving the victim, received KRW 16 million from the victim on the same day.

2. Around July 30, 2012, the Defendant made a false statement to the victim that “If the Defendant wishes to make a safety diagnosis lecturer against the capitaler, etc., it is necessary to pay rebates expenses, and later, he/she would receive tuition fees, thereby giving three additional interest on the borrowed money.”

However, even if the Defendant borrowed money from the victim, it was thought that it would be used to purchase the “sports soil lottery ticket”, and did not intend to use it as the rebates, and did not have any intent or ability to repay it to the victim.

The Defendant, as such, by deceiving the victim, received nine million won from the victim on the same day.

3. Around January 5, 2013, the Defendant made a false statement to the victim that “on the other hand, he/she would have repaid the fee immediately if he/she lent the fee to the victim.”

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to pay it.

As such, the Defendant, by deceiving the victim, received KRW 20,000 from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the law of the instrument of borrowing;