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 July 2012, the criminal defendant against the victim B made a false statement to the effect that “D” clothes store operated by the defendant in the Chungcheong-gun C, Chungcheongnam-gu, Chungcheongnam-do, would be repaid within one to two weeks from lending money due to insufficient living costs.”

However, at the time of fact, the defendant did not have any particular income or property as the enemy, while he did not have any intent or ability to repay even if he borrowed money from the victim because the defendant bears a debt equivalent to KRW 40 million.

The Defendant, as such, by deceiving the victim, received KRW 4 million in total from the victim on July 25, 2012, KRW 100,000,000,000,000 on July 29, 2012, and KRW 2 million on July 31, 2012.

2. Around July 30, 2012, the Defendant against the victim E made a false statement to the effect that “If the Defendant extended the apartment rent to the victim E, who is a member of the number fraternity operated by the Defendant as a leader, he/she would receive the time limit payment on September 30, 2012.”

However, in fact, the above serial system was expected to be used for the repayment of other debts even if the defendant borrowed money from the victim because it was not normal due to the defendant's obligation owed to the fraternity, and it was thought that it was used for the repayment of other debts. On the other hand, while there was no particular revenue or special property at the time, there was no intention or ability to repay the money even if the defendant borrowed money from the victim because it was liable for the debt amounting to KRW 40 million.

The Defendant, as such, by deceiving the victim, received KRW 5 million from the victim as the borrowed money in the same place.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning E and B;

1. Application of detailed statement of financial transactions and statutes;

1. Article 347 of the Criminal Act applicable to the crime and Article 347 of the choice of punishment.