A defendant shall be punished by imprisonment for four months.

Punishment of the crime

1. Around December 24, 2009, the Defendant made a false statement to the victim M on the part of the X female clothing store operated by the Defendant in Busan-gun, Busan-gun, stating that “I will give to you a disadvantage of marriage funds. I will pay interest at KRW 300,000 per month at any time. I will return the principal amount at any time before a month.”

However, the Defendant had a debt of KRW 50 million at the time, and there is no intention or ability to repay money from the victim even if the Defendant borrowed money from the victim because there is no economic condition to the extent of repaying other debts by using so-called “fluoring” because it is necessary to pay considerable money to the Defendant’s business establishment and the investment in facilities for medical stores operated by the Defendant.

The Defendant, as such, by deceiving the victim, received KRW 25 million from the victim as the borrowed money.

2. On June 24, 2010, the Defendant made a false statement to the victim at a place, such as Paragraph 1, stating, “The victim shall have a KRW 100 million in the following month, and shall lend KRW 10 million in the next month to the victim.” This interest shall be KRW 1 million in the following month.”

However, there was no intention or ability to repay even if the victim borrowed money from the victim because the economic condition is not good for the reason of Paragraph 1.

The Defendant, as such, by deceiving the victim, received KRW 5 million from the victim under the pretext of the loan.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements of M;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts (the point of fraud and the choice of imprisonment);

1. It is so decided as per Disposition for the reasons under the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes;