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

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

Criminal facts

In 2010, the Defendant accessed the victim C (the age of 74) who became aware of in 2010, and acted with the said victim as if he were living together with the said victim, and tried to acquire money under the name of security deposit, living expenses, etc. of the house living with the victim.

1. Fraud;

A. On September 2010, the Defendant made a false statement to the victim “Eyang shop” operated by the victim C, which was operated by the victim C, Gyeongnam-si, Gyeongnam-si, Gyeongdong-si, that “I will get loans of KRW 10 million as security, and we will live together with the money if I want to do so.”

However, in fact, even if the defendant was paid money from the victim as the bad credit holder at the time, he did not have the intent or ability to seek a house to live together with the victim even though he was able to repay his debt with the money.

Around September 20, 2010, the Defendant, by deceiving the victim, was delivered KRW 10,000,000 in cash at the above Eyang store.

B. On October 2010, the Defendant, while receiving a credit card from the Victim C with the credit card owned by the victim, concluded on November 201, 2010, that “The Defendant was able to borrow money with the credit card from the Victim C, who called “I will borrow money with the credit card to pay back the money,” by phoneing the victim at Gindo located in Gyeongnam-si, Gyeongnam-si, Gyeongnam-si.”

However, in fact, the Defendant did not have any property but did not have any intent or ability to repay even if he borrowed money with the credit card of the victim because the Defendant was liable to pay approximately KRW 100 million, even though he did not own any property.

The Defendant, by deceiving the victim and obtaining the consent of the victim to borrow money with the credit card from the victim, had H, who is aware of the fact, file an application for a loan of KRW 3,00,000 with the new card company using the above credit card, and had the victim bear the debt equivalent to the same amount.

C. The Defendant was on November 201, 201.