A defendant shall be punished by imprisonment for one year.

Punishment of the crime

1. On June 16, 2013, the Defendant called the victim B by phoneing the victim B at an unsound place, and falsely concluded that “The remainder of the apartment purchased in the name of son in Seoul shall be paid, and the remainder shall be loaned KRW 40 million to son who borrowed 40 million to son.”

However, in fact, since the defendant was unable to repay due to the defendant's business failure, there was little possibility for the defendant to recover his claim against pro-Japanese and most of the money received from the victim as living expenses, etc., so even if he borrowed money from the victim, he did not have the intention or ability to repay the borrowed money.

On June 26, 2013, the Defendant, by deceiving the victim as above, received money from the victim to the account in the name of Dong C, which is the same birth, from the victim, and acquired it by deceiving the victim.

2. On September 2013, 2013, the Defendant called the victim B by phone at a non-place, stating that “The Defendant is going to organize a public entertainment bar in which he operates, and the deposit to be refunded reaches KRW 300 million, and if the Defendant borrowed KRW 10 million, he/she would have to complete payment of KRW 50 million in total up to the money that he/she lent.”

However, the Defendant was unable to pay a long-term entertainment monthly income, and the Defendant did not have any intent or ability to pay the borrowed money even if he borrowed money from the victim without any particular property.

On September 30, 2013, the Defendant, by deceiving the victim as above, received money from the victim to the account in the name of Dong C, which is a dynamics, from the victim, and acquired it by deceiving the victim.

3. On November 2013, the Defendant called the victim B by phoneing the victim B at an unsound place, and falsely stated that “I would pay back KRW 100 million, including KRW 50 million already borrowed money, if I would have borrowed money.”

However, it is true.