A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On May 2013, the Defendant concluded that “The Defendant would give 20 million won to the victim C with high interest on the part of another person and borrow money for the operation of the scrap metal business.” If the Defendant borrowed 10 million won to the third party, it would give 20 million won to the third party within two to three months.”

However, in fact, the real estate owned by the Defendant was put up for auction due to the failure to repay the bank obligations, and the obligation to other banks was also 10 million won, and there was no specific method to prepare investment funds necessary for the scrap metal revenue, and thus, it was not clear whether to pay the profits from the scrap metal, and even if it was borrowed money from other persons, there was no intention or ability to pay them.

Around May 27, 2013, the Defendant, by deceiving the victim as such and deceiving the victim, up to 10 million won in the corporate bank account (D) under the name of the Defendant, from the victim.

6.20,000,000 won for the same account around 20.20,000 won, and for the same year.

7.16.Assigning KRW 2.2 million in total to the Agricultural Cooperative Account (F) in the name of the defendant, his/her father, at around 16.2 million.

Summary of Evidence

1. Defendant's legal statement;

1. C’s legal statement;

1. Cash custody certificate;

1. A list of savings deposit transactions;

1. Account number;

1. Recording records;

1. Determination as to the Defendant and defense counsel’s assertion of an investigation report (attached to the status of entry or departure of a suspect), investigation report (G phone call call, interpreter), Defendant, and defense counsel

1. The alleged defendant had no intention to acquire money by deceit because he had the ability to repay the money at the time of borrowing money from the victim.

2. The following circumstances acknowledged by the evidence revealed earlier, namely, ① the Defendant’s failure to repay his/her debts at the time of the instant case, and the Defendant’s auction procedure on the Defendant’s property is in progress or has fallen short of the auction procedure; ② the Defendant did not submit data on the existence of overseas scrap metal business and domestic sales place, arguing that he/she borrowed money from the victim under the pretext of the overseas scrap metal business.