A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

[2016 Highest 5656] On December 6, 2014, the Defendant called the victim C by calls from the “new Nuridong in Daegu Northern-gu, Daegu-gu, to the effect that the Defendant would repay the expenses within the number of days of lending the medical expenses.”

However, the defendant did not have any intent or ability to repay the principal until the due date, even if he/she borrows money from the damaged person due to economic circumstances, such as the status of a recipient of basic living without any particular property or income, and the obligation equivalent to KRW 30,000,000.

The Defendant received KRW 1,00,000 from the injured party under the name of the Defendant on the same day as the agricultural bank account (number D) and received KRW 1,075,00 from around that day to March 4, 2015 in total six times from the injured party, such as the list of crimes in the attached list of crimes.

Accordingly, the defendant was given property to the victim by deceiving the victim.

[2017 Highest 364] On February 3, 2015, the Defendant loaned money to the victim E in front of the Daegu Northern-dong Bank located in the Daegu-gu, Daegu-dong, Seoul-gu, Seoul-gu, to pay the money within one week if “the money is paid to KRW 3 million.”

“A false representation was made.”

However, even if the defendant borrowed money from the injured party due to economic circumstances such as the status of the recipient of basic living and there is no fixed income, he/she did not have the intention or ability to repay the money until the due date.

The defendant was transferred from the injured party to the account (Account Number:F) in the name of the defendant under the name of the injured party on the same day.

Accordingly, the defendant was given property to the victim by deceiving the victim.

Summary of Evidence

[2016 Highest 5656]

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Statement made to C by the police in the protocol; and

1. Entry of a certificate of borrowing and a letter of payment, and a statement of account separate transactions (2017 order 364);

1. The defendant's partial statement in court;