A defendant shall be punished by imprisonment for six months.

Punishment of the crime

Around May 13, 2011, the Defendant made a call to the victim C to the effect that “if the Defendant is running a scrap metal business, and the Defendant borrowed KRW 20 million, the Defendant will pay KRW 23 million within two weeks.”

However, the Defendant had no intention or ability to use the money borrowed from the victim for the scrap metal business because of the situation where the Defendant was urgently needed to repay the debt owed to others, and due to the above circumstances, there was no intention or ability to repay the money within the agreed time limit.

The Defendant, by deceiving the victim as above, received KRW 20 million from the victim to the post office account (Account Number D) in the name of the Defendant on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a copy of loan certificate;

1. Although Article 347(1) of the Criminal Act applicable to the relevant criminal facts, Article 347(1) of the Criminal Act of the choice of punishment, the criminal records of the defendant's reason for sentencing of imprisonment option, character and conduct of the defendant, and the defendant committed the instant crime on or after April 28, 201 (the suspension of indictment on June 14, 201), the defendant again committed the instant crime on or after the crime (the suspension of indictment is subject to a disposition of suspension of indictment on April 14, 201). It does not merely fall short of the ability to repay repayment, but rather is not passive, the defendant deceivings the victim by actively notifying the false facts (the business). It is used to repay bonds with the money acquired by the defendant by deceiving the victim, the degree of recovery of damage to the victim, etc.,

It is so decided as per Disposition for the above reasons.