A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

1. Around December 20, 2011, the Defendant: (a) around December 20, 201, at the Defendant’s office located in Gwangju Mine-gu, the Defendant paid interest of KRW 300,000 per month to the victim if the Defendant lent KRW 20,00,000 to the victim; and (b) at the disposal of apartment and factory machinery, the Defendant provided that he would pay money.

However, in fact, the defendant had no collateral value due to the establishment of mortgage on apartment and factory machinery, and there was no other asset, and even if he borrowed money from the victim, he did not have the intent or ability to repay it properly.

Nevertheless, the Defendant received 20,000,000 won in face value from the victim by making a false statement as above, and acquired it by the victim.

2. On December 26, 2011, around December 26, 2011, the Defendant provided that “If the Defendant lends KRW 30,000,000 to the victim at the same place as paragraph (1) of this Article, he/she shall complete payment of money with the disposal of apartment and factory machinery.”

However, in fact, the defendant had no collateral value due to the establishment of mortgage on apartment and factory machinery, and there was no other asset, and even if he borrowed money from the victim, he did not have the intent or ability to repay it properly.

Nevertheless, the Defendant received 30,000,000 won from the victim’s account in the name of the Defendant to the Gwangju Bank account in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on the loan certificate;

1. Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts: The confession and reflect of the defendant for the reason of sentencing the sentence of imprisonment option, but it was not possible to recover any damage up to the present time without stating the acquired amount, taking into account the circumstances leading to the crime of this case and the relationship between the defendant and the victim, etc.