A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On July 29, 2015, the Defendant: (a) by telephone, sent to the victim B, “Ne intends to obtain a loan from a joint and several surety and to repay the existing debt; and (b) obtained a loan from another place immediately thereafter and repaid the joint and several surety.”

However, in fact, the defendant has increased the amount of debt due to the so-called repayment of the existing debt with a new loan, and the victim did not have the intent or ability to repay the preferential debt because it is difficult to obtain a new loan.

Nevertheless, on August 31, 2015, the Defendant: (a) by deceiving the victim as such; (b) had the victim jointly and severally guaranteed the Defendant’s debt; and (c) had the victim repay KRW 3,031,553 to the Dispute Resolution Co., Ltd. on August 31, 2015; and (d) had the victim repay the Defendant’s debt amount of KRW 15,320,886, a sum of five times until December 31, 2015, and acquired property profits equivalent to the same amount.

2. On August 27, 2015, the Defendant stated that “If the Defendant received a loan under the name of four and borrowed the loan to the victim, he/she will receive the loan again in the name of the victim and repay the loan.”

However, the Defendant had no intention or ability to repay the obligation to the victim because the amount of the obligation has increased due to the repayment of the existing obligation with a new loan, and it is difficult to obtain a new loan.

Nevertheless, on August 27, 2015, the Defendant, by deceiving the victim, received KRW 6 million from the victim’s husband-D bank account (Account Number:F) in the name of the Defendant’s husband, and received KRW 12 million in total on three occasions, such as Sheshed in the List of Crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes on transactions in each account;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime, respectively;