A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The Defendant around May 2015, around the Seoul Special Metropolitan City Gwangjin-gu Urban Development Enterprise “C” to the victim D who had worked as the same in the “C” located near the Seoul Special Metropolitan City Gwangjin-gu Seoul Special Metropolitan City University Act and University, failed to take a judicial examination, thereby working in the field of urban e-mail, and conducts an appraisal and assessment, and if an appraiser becomes an appraiser, he/she can repay the borrowed amount with a credit loan.

“Along with the loan of an amount equivalent to KRW 18 million in total, i.e., financing the principal and interest at the beginning of the beginning of 2016 to obtain credit from the injured party, with the intention to borrow additional money to the injured party on the face of the money.

On January 30, 2016, the Defendant made a false statement to the victim, “I will pay 5% interest per month on a face-to-face loan with a cash of 500,000 won by telephone at a place where no location is known.”

However, at the time of fact, the defendant graduated from high school, and did not prepare for the appraiser examination, and even if he received money from the injured party due to no particular property or income other than the monthly salary of 1 million won received from the above city development enterprise, even though he did not receive the retirement allowance due to the failure of the investor's investment in the defendant's retirement pay, he did not have the intent or ability to pay the victim with the normal interest or principal.

Nevertheless, the Defendant: (a) by deceiving the victim as above and received cash 500,000 won from the victim as the borrowed money; and (b) from that to June 30, 2018, the Defendant received a total of KRW 44,990,000 from that to that to June 30, 2018 as the borrowed money.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A copy of bankbook;

1. Account transactions;

1. Application of Acts and subordinate statutes on text messages;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the choice of punishment (in comprehensive, the choice of imprisonment);

1. Article 62(1) of the Criminal Act 1.