A defendant shall be punished by imprisonment for six months.

Punishment of the crime

1. On November 2008, the Defendant made a false statement to the victim E at a D restaurant located in the Southern-gu Incheon Metropolitan City, Incheon Metropolitan City, stating that “In order to establish a large building in Gangnam-gu and to complete construction, money is necessary. If the Defendant borrowed KRW 10 million, the interest will be paid in a certain manner and the principal will be repaid.”

However, the defendant did not establish a building in Gangnam, the money received from the victim was thought to be used to repay his personal debt, and even if he borrowed money from the victim, there was no intention or ability to repay it.

Nevertheless, on November 14, 2008, the Defendant, by deceiving the victim as above, received KRW 10 million from the Defendant’s first bank account (Account Number F) in the name of the Defendant around November 14, 2008.

2. On November 2008, the Defendant made a false statement to the victim at the above D cafeteria, stating, “The victim needs additional money for the completion of the building constructed in Gangnam. The building should be repaid immediately as the building is completed, and the loan of KRW 100 million is changed.”

However, the defendant did not establish a building in Gangnam, the money received from the victim was thought to be used to repay his personal debt, and even if he borrowed money from the victim, there was no intention or ability to repay it.

Nevertheless, as above, the Defendant, by deceiving the victim as above, received from the victim a remittance of KRW 40 million to the same account on November 24, 2008 as the borrowed money.

3. On March 3, 2009, the Defendant made a false statement to the victim at the above D cafeteria, stating, “If the building was completed in the completing stage, and if the construction cost is insufficient, the Defendant would have to complete the construction within the time limit of the loan borrowed money.”

However, the defendant did not have a building in Gangnam, and the money received from the victim was considered to be used to repay the personal debt of the defendant, and it was from the victim.