A defendant shall be punished by imprisonment for one year.

Punishment of the crime

1. On October 4, 2011, the Defendant: (a) at the office of the E Co., Ltd. (E) located in the 202nd floor of the D Building in Seongbuk-gu, Sungnam-si (hereinafter “E”); (b) the Defendant was aware that the Defendant was planning to lend the amount to be borrowed from the victim F to G, a joint operator of E; (c) the Defendant was aware that G was not capable of returning the borrowed amount due to the lack of property; (d) the Defendant did not have any intent or ability to return the borrowed amount to the victim due to the absence of property; and (e) the Defendant did not have any intent or ability to return the borrowed amount to the victim; (e) the victim stated that “A is in operation, and money is urgently needed to pay the principal and interest to the company three months after the lease.” (e.g.,

2. On October 19, 201, the Defendant, at the same place as the above-mentioned 1.3, and even if the Defendant borrowed money from the victim F, the Defendant made a false statement to the victim stating that “I would pay 10 million won as if I would immediately have leased 5 million won as I would immediately need to do so,” and then acquired the money by defrauded from the victim to E’s deposit account on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Each protocol of examination of the accused by the prosecution (including the F and G statements in the second protocol);

1. Each police suspect interrogation protocol against the accused (including the F's statement in the second protocol);

1. The statement of each police officer made to F and G;

1. A copy of the passbook, each loan certificate, a memorandum of payment, a statement of account transactions, a copy of the corporate register, or a copy of the written opinion;

1. An investigation report (H statements), an investigation report (Attachment of the E balance sheet), an investigation report (informative report, such as indictments), an investigation report (informative report, such as the current status of payment of the purchase price, etc.);

1. Application of the Acts and subordinate statutes to the complaint;

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

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.