A defendant shall be punished by imprisonment for four 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 September 2017, the Defendant made a false statement to the effect that “if the Defendant has prepared to open an open point at a convenience store and the money has been provided to the Defendant on November 2017, the Defendant would pay the time limit money to the victim C in Gyeyang-gu Incheon, Gyeyang-gu, Incheon.”

However, the Defendant was expected to receive KRW 30 million around October 25, 2017, but it was thought that it was used for other purposes. On November 25, 2017, the Defendant was not in a situation where it was able to escape the guidance first at the beginning of the new guidance on November 25, 2017, and even if it was not given money from the victim due to no particular import, there was no intention or ability to repay it within the agreed period.

Nevertheless, the Defendant, as seen above, by deceiving the victim and deceiving the victim, obtained cash of KRW 3 million from the victim on September 2, 2017, and obtained cash of KRW 2 million from September 24, 2017.

2. On November 15, 2017, the Defendant made a false statement that “If the Defendant borrowed KRW 5 million as it is necessary to make an open preparation at a convenience store, he/she would receive an advance payment from the victim around July 2018.”

However, in fact, the Defendant did not want to receive the fraternity around July 2018, and did not have any intention or ability to pay it even if it borrowed money from the victim because the Defendant did not want to receive the fraternity, and there was a shortage of living expenses.

Nevertheless, the Defendant, as seen above, by deceiving the victim, obtained cash KRW 5 million from the victim on November 15, 2017, and acquired it by deception.

3. On December 24, 2017, the Defendant made a false statement to the victim that “The Defendant shall be liable for and repaid if he/she lends 5 million won as he/she is urgently required to pay the money to the victim” at the victim’s residence.

However, even if the defendant borrows money from the victim, he/she thought that he/she will use it, and as seen above, he/she wishes to pay money to the victim due to living expenses and debts.