A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On August 13, 2015, the Defendant lent KRW 20 million to the victim C in the vicinity of the Sejong-si Station located in Suwon-si, Suwon-si, Suwon-si, which is currently residing, as security, the lease deposit amount of KRW 10 million in KRW 20 million in the Suwon-gu, Suwon-si, Suwon-si, which is the studio A. 202, which is currently residing, to pay interest of KRW 2% per month and redeem the principal after one year.

The public prosecutor, when the Defendant delivered a written waiver of the lease deposit to the victim, ordered the victim to conclude the recent apartment lease contract and to pay the house owner the down payment KRW 30 million, which is the same as the said contract would be immediately terminated, thereby deceiving the victim by making it false that the said contract would receive the down payment and pay the down payment.

However, according to the evidence duly adopted and examined by this court, the defendant's false statement is determined to have been transferred each money from the victim of deception as stated in its holding, and even if it is recognized without any amendment to indictment, it does not seem that the defendant's exercise of his/her right to defense would be substantially hindered. Thus, the above facts of crime are acknowledged ex officio.

The letter of waiver of the rental deposit was issued while making a false statement.

However, even if the above studio rental contract is terminated and the lease deposit is returned, the Defendant did not intend to repay the borrowed money to the victim with the above money, and there was no other intention or ability to repay the borrowed money.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received money from the victim on August 13, 2015; (c) KRW 10 million on or around the 14th of the same month; (d) KRW 6 million on or around the 17th of the same month; and (e) KRW 20 million on or around the 17th of the same month from the 17th of the same month; and (e) received money from the victim to the single bank account in the name of E.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocols of examination of witnesses C;

1. Investigation Report (Attachment of Detailed Statement of Transactions in Head of Tong) and details of financial transactions (Investigation Records No. 101, 101.