A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

Part of the facts charged in the indictment was amended without modification of the indictment to the extent that it does not materially disadvantage the Defendants’ exercise of their right to defense.

1. On November 25, 2013, the Defendant, in a simplified store operated by the Defendant in Yongsan-gu Seoul, Yongsan-gu, Seoul, concluded that “The Defendant would repay dental treatment costs within one year if he/she lends dental treatment costs of KRW 12 million to the knicker D.”

However, in fact, when the Defendant was liable for personal debt amounting to 30 million won at the time, it was thought that the Defendant would receive money from the injured party due to economic difficulties to the extent that the interest would not be paid due to the profits from the operation of a simple store. Therefore, even if the Defendant borrowed money from the injured party, the Defendant did not have the intention or ability

The defendant deceivings the victim as above and transferred 12 million won to the F bank account of the defendant E on the 27th of the same month from the victim.

2. On March 25, 2015, at the same place as the Defendant, at the same time as that of paragraph (1) of the same Article, the Defendant falsely stated that “The Defendant would require the purchase cost of the goods to be sold at a store, and make payment by December 30, 2016, along with the money borrowed at a time, to lend KRW 20 million additionally.”

However, the Defendant did not intend to purchase the goods necessary for the store, and even if he borrowed money from the damaged person due to economic difficulties such as Paragraph 1, there was no intention or ability to pay the money normally.

The defendant deceivings the victim as above and received delivery of KRW 20 million on the same day from the victim.

3. On September 8, 2015, the Defendant requires the victim to purchase goods to be sold at a store at the same place as that set forth in paragraph (1).

On December 30, 2016, if a person additionally lends KRW 3 million, he/she concluded that he/she would repay a total of KRW 35 million with the previous borrowed money by December 30, 2016.

However, the defendant is scheduled to purchase goods necessary for a store.