A defendant shall be punished by imprisonment for one year.

Punishment of the crime

1. The Defendant, in collusion with B on February 14, 2018, made a false statement to the effect that “If she lends money to us, she would dispose of 500 million won apartment bonds with a lien, and make an investment in 500 million won to her company by disposing of 50 million won apartment bonds with a lien.”

However, in fact, the defendant was in bad credit standing, and even if he borrowed money from the victim due to the absence of any particular asset or fixed profit, he did not have an intent or ability to make a proper repayment, or to invest funds in the victim.

Nevertheless, the Defendant, in collusion with B, by deceiving the victim and receiving a copy of the KRW 25 million check from the victim.

2. On February 22, 2018, the Defendant solely committed the Defendant’s criminal act that, “G located in the Seo-gu Incheon Metropolitan City,” “G” made a false statement to the effect that the Defendant would lend money to the said victim to the effect that “if expenses are required to borrow money in the course of running the business, it would be repaid without a mold.”

However, in fact, the defendant was in bad credit standing, and even if he borrowed money from the victim with no particular asset and there is no fixed profit, there was no intention or ability to repay it properly.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) transferred KRW 1 million on February 22, 2018 from the victim as the borrowed money; and (c) transferred KRW 2 million on February 28, 201, and acquired KRW 3 million in total.

Summary of Evidence

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on filing of a complaint, note, details of account transactions;

1. Relevant Articles of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the facts constituting an offense;

1. Of concurrent crimes, the defendant for the reason of sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall be punished by imprisonment with prison labor for the same kind of crime.