A defendant shall be punished by imprisonment for six months.

Punishment of the crime

1. On January 25, 2009, the Defendant made a false statement to the victim E at the Daejeon Seo-gu D restaurant located in Daejeon Seo-gu Seoul, Daejeon, stating that “The Defendant would immediately repay the money when an election is completed in six months, if he/she lends KRW 20 million to the victim E.”

However, the defendant had no intention or ability to repay the debt even if he borrowed money from the injured party, since the defendant had a total of KRW 60 million and there was a lack of living expenses and economic difficulty.

The Defendant, by deceiving the victim as such, received KRW 20 million from the victim in cash for the purpose of borrowing money from the victim in the Defendant’s vehicle parked in the above restaurant parking lot.

2. On February 9, 2012, the Defendant made a false statement to the Seongbuk-gu Daejeon University that “If he/she loans 15 million won to the victim E, he/she would have paid 35 million won by adding 20 million won in the previous loan to 15 million won,” the Defendant would have paid 35 million won by the end of July.

However, the defendant had no intention or ability to repay money even if he borrowed money from the injured party because the defendant had a personal debt such as private financial right loan of KRW 60 million or more.

As such, the Defendant, by deceiving the victim, received KRW 15 million from the victim for the purpose of borrowing money and acquired it by cash.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes to each loan certificate, the search output of B case, and the written application for payment order;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of a penalty;

1. Determination as to the assertion by the defendant and his/her defense counsel under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes

1. The part concerning fraud on January 25, 2009

A. The defendant's summary of the assertion.