A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On April 2015, the Defendant, at the office of “D” located in Seo-gu Daejeon, Seo-gu, Daejeon, stated that “D would use money to pay money” to the victim E, and would have to pay money to the victim within one month or two months if the Defendant lent KRW 20 million.”

However, the defendant did not have any particular income at that time, and even if he borrowed money from the above victim because he is not in good financial condition such as repayment of debt due to the so-called repayment of the obligation preventing the so-called return, he did not have any intention or ability to repay it within 12 months.

The Defendant: (a) by deceiving the victim as above; (b) transferred KRW 5.2 million to a new bank account in the name of the Defendant on May 20, 2015; and (c) ordered the victim to pay KRW 10 million to the new bank account in the name of the Defendant on May 20, 2015; and (b) caused the victim to pay the amount equivalent to KRW 4.8 million to the modern card used by the Defendant.

Accordingly, the defendant, by deceiving the victim, obtained property benefits and acquired property benefits.

[Judgment on the Defendant and his defense counsel’s assertion] The Defendant recognized that he borrowed money as stated in the facts charged from the injured party on the date and time stated in the facts charged, but did not have the intent to obtain fraud because he had the intent and ability to repay to the Defendant at the time of borrowing the money as stated in

Therefore, considering the following facts, the defendant's deception, credit and loan conditions before and after the crime, and the process of repayment by the defendant's person, etc., revealed by the evidence duly adopted and investigated by this court, the defendant deceivings the victim as stated in the facts charged and received money from the victim. The defendant was not able to repay money from the victim as stated in the facts charged, and the defendant was not able to repay only part of the transferred money and did not repay the remainder at all.