A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

The Defendant: (a) around 2012, the victim E who became aware of while studying in the Republic of Korea was a member of the former National Assembly; (b) the Defendant was a member of the sexual equalism; (c) the her mother was a professor; (d) her mother, who holds an equity in Samsung and owns a marina apartment in the Gerodong, is able to obtain trust from the victim by putting the victim’s financial power, etc. of her house on his house; and (e) her personal debt is unable to be incurred due to borrowing money from another person during his/her studying in Germany to purchase a life book or travel, or going through a hotel life, etc.; and (e) he/she was willing to borrow money from the victim to repay the said debt.

On September 2012, the Defendant made a false statement to the effect that, at the end of Germany, there was a claim to receive from the victim in Germany, and that, if there is no cost of lawsuit, the Defendant would repay the cost of lawsuit in several months, if he lends the cost of lawsuit.

However, in fact, from around October 2008, the Defendant had no certain income while studying in Germany, and required study expenses, and appropriated the deposit equivalent to KRW 300 million for the expenses incurred in studying out the apartment of Gangseo-gu Seoul Metropolitan Government, the market price of which is equivalent to KRW 500 million, by entering into a lease agreement around November 2010. Around October 2012, the Defendant borrowed approximately KRW 100 million from a bond business operator to set up a collateral security right equivalent to KRW 145 million to the maximum debt amount, and thus, the collateral value of the apartment was not sufficient. As such, the Defendant did not have any intent or ability to pay the said apartment even if he/she borrowed money from the victim because there was a need to pay the money urgently for personal repayment due to excessive disbursement in Germany.

As such, the Defendant, by deceiving the victim as such, received seven million won from the victim on October 1, 2012 for the purpose of borrowing money from the victim and received seven million won from the victim on or around the same date and time from the above point of time to July 21, 2013.