A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

1. On February 201, 201, the Defendant made a false statement to the effect that “When he/she lends 30 million won or more, he/she will use it only 3 to 4 months if he/she borrowed 30 million won, such as a cooling house, to purchase a cafeteria while operating a restaurant.”

However, at the time of fact, the obligation of the defendant was reached in several million won, and because the defendant continued to borrow money since the opening of the restaurant operated by the defendant, the defendant did not have the ability to repay the money.

Nevertheless, the Defendant received KRW 30 million from the victim around the 14th of the same month from the victim to the Agricultural Cooperative Account in the name of the Defendant’s wife (number: E).

2. On November 10, 201, the Defendant made a false statement to the effect that “Around November 10, 201, the Defendant would make payment to the victim by the end of December, 201, by phoneing the victim at the members of the Cheongyang-gun, Cheongyang-gun, Cheongyang-gun, for a loan of KRW 20 million as to the cafeteria to install the cafeteria at the cafeteria.”

However, as stated in the above Paragraph 1, the defendant did not have the ability to repay even if he borrowed it.

Nevertheless, the Defendant received KRW 20 million from the victim to the above account on the 14th day of the same month.

3. Around May 5, 2012, the Defendant made a false statement to the effect that “When the present funeral service was inside, the Defendant would use 2-3 months and repay 2-3 months if he/she borrowed 30 million won from the Cheongyang-gun, Chungcheongnam-gun.”

However, as stated in the above Paragraph 1, the defendant did not have the ability to repay even if he borrowed it.

Nevertheless, the Defendant received KRW 30 million from the victim on or around the 8th day of the same month.

Accordingly, the Defendant received a total of KRW 80 million from the victim three times.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Three copies of a certificate of borrowing, a deposit slip, and a statement of transactions;

1. Investigation report (related to the suspect's location, investigation, and the authenticity of the surety, etc.), investigation report (to telephone conversations for reference).