A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

1. On May 31, 2018, the Defendant stated to the effect that, around May 24, 2018, the Defendant: (a) around May 24, 2018, the victim B, who was aware of the Defendant’s receipt of the Defendant’s joint payment of KRW 100 million; (b) “The Defendant borrowed KRW 100,000,000,000,000,000,0000,000,0000,0000,0000,0000,0000,000,000,000,000,000,000,000

However, the Defendant, without any special revenue at the time, was liable for a large amount of debt 73,4820,000 won for financial institutions, personal debt 100,000 won, etc., and the Defendant’s real estate owned by the Defendant was also in short of financial resources, such as the receipt of a secured loan up to the maximum amount of loan. Therefore, even if the Defendant borrowed money from the victim, most of it was thought to be used as the repayment of existing loan, personal living expenses, etc., and there was no intent

Around May 31, 2018, the Defendant, by deceiving the victim as such, received KRW 100 million from the victim to the account (C) in the name of the Defendant, and acquired it by fraud.

2. On February 20, 2019, the Defendant, on or around February 18, 2019, borrowed money from the above victim through the adjustment of commercial buildings, if he/she borrowed money in excess of KRW 20,000,000 from the above victim at a place not exceeding Busan, around February 18, 2019.

“.........”

However, in fact, the Defendant had failed to pay a large amount of debt as above, and even if having borrowed money from the victim, it was thought that it would be used as personal living expenses, etc., and there was no intention or ability to pay the borrowed money as agreed to by the victim.

Around February 20, 2019, the Defendant deceivings the victim as such and transferred KRW 20 million from the victim to the said Nonghyup Bank account under the name of the Defendant.