A defendant shall be punished by imprisonment for a term of one year and two months.

The defendant pays 200 million won to the applicant for compensation by fraud.

Punishment of the crime

1. On July 23, 2012, the Defendant made a false statement to the victim C, the same workplace partner of the community credit cooperative in Eunpyeong-gu Seoul Metropolitan Government, stating that “I would pay money if I would lend 100 million won to D as 2% interest per month on October 8, 2012, which is the deposit date of the apartment house deposit, because I want to pay interest to the bank.”

However, in fact, D, the husband of the defendant, was sentenced to two years of imprisonment by the Incheon District Court on June 28, 2012, with the intention or ability to repay the borrowed amount by the due date of the above loan, with the amount of the debt already exceeded KRW 660 million at the time of the above loan.

The Defendant received KRW 100 million from the victim, namely, from the victim’s seat, to the Suhyup account (E) in the name of the Defendant.

2. On October 2, 2012, the Defendant made a false statement to the victims C of the community credit cooperative in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, that “If the Defendant lends money to the victims of the community credit cooperative in the new village, 150 million won per her husband D with a construction project that our husband D, he/she will pay 2% interest per month at any time.”

However, the defendant had no intention or ability to repay the above borrowed money due to the circumstance where he was sentenced to a criminal punishment due to the crime of fraud that he/she acquired approximately KRW 660,000,000 by the husband D, as in the above paragraph (1).

The Defendant received 150 million won from the victim, namely, from the victim’s seat to the check-up account in the name of the Defendant.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation report (the fact that D is incapable of performing its obligations);

1. Application of Acts and subordinate statutes to a copy of a bankbook, a copy of a loan certificate, a copy of facility user right, and a detailed statement of transactions;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.