A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

1. On April 3, 2013, at the D office operated by the Defendant in Daegu Dong-gu, Daegu, 19:00, the Defendant made a false statement to the victim E that “if he/she lends 10,000 won, he/she will give one million won interest on one month, and if he/she gives notice prior to one month, he/she will immediately give repayment.”

However, in fact, the Defendant was expected to repay other debts by lending money from the victim with a debt of KRW 130 million, and thus there was no intention or ability to pay interest, even if borrowing money from the victim.

The Defendant received 10 million won from the victim to the new bank account in the name of F, the Defendant’s wife on the same day.

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

2. On April 19, 2013, the Defendant made a false statement to the victim E, “If he/she lends 18.5 million won to the victim E as a security, he/she will deposit benz vehicles with the victim E as security, and pay 20 million won including interest of 1.5 million won after the month.”

However, in fact, the Defendant was expected to repay the Defendant’s debt amounting to KRW 130 million by lending money from the victim. Thus, even if borrowing money from the victim, the Defendant did not have the intent or ability to pay the interest or pay it, and there was no mortgage on the said Benz’s car, and it was extremely low in the value of the collateral because of the unpaid payment.

The Defendant received 17 million won from the victim to the new bank account in the name of F, the Defendant’s wife on the same day.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made to the accused in the police interrogation protocol (including the E substitute part);

1. Statement of the police statement of E;

1. Application of the Acts and subordinate statutes certifying the receipt of complaint, register of automobiles, certificate of borrowing, and details of deposit transactions;

1. Article 347 (1) 1 of the Criminal Act of the corresponding Article of the Criminal Act concerning the crime;