A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant and the victim B (the age of 34) are a senior friendly Gu.

On April 18, 2018, the Defendant made a false statement that the Defendant would pay interest of 14% per month on the principal amount of KRW 50 million to the Defendant when he/she lent money to the Canadian using the Kakaox to the Canadian. On deposit of KRW 150 million, the Defendant would deposit interest of KRW 21 million in the monthly account. If the Defendant wishes to receive the principal return, he/she may recover the principal at the end of two weeks prior to the return of the principal.”

However, in fact, the Defendant was responsible for paying the interest of KRW 40 million every month with the money borrowed from the Defendant while running the business, and there was no intention or ability to pay the interest or to immediately repay the principal, even if he was willing to repay the money borrowed from the victim without profits or assets.

Nevertheless, the Defendant, as above, by deceiving the victim, received a total of KRW 150 million from the national bank account (D) in the name of the Defendant or C under the name of the Defendant on April 19, 2018.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning B;

1. The defendant asserts that he did not have any intention to commit fraud, such as the Kakakao Stockholm conversation content, a copy of the passbook, a copy of each passbook, C specification of transactions, a request for credit information provision, each account transaction details, and a list of personal obligations.

However, according to the evidence duly adopted and examined by this court, the defendant was found to have not been able to repay interest or principal as stated in the crime at the time of the investigation by the prosecutor, and in light of economic circumstances such as the defendant's debt burden known by the above evidence, the defendant acquired money without the intent or ability to repay the borrowed money as stated in the above crime.