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

Punishment of the crime

1. On August 2013, the Defendant: (a) in the Gangnam-gu Seoul D office located in Gangnam-gu Seoul (hereinafter “Seoul D office”); and (b) when putting the victim E a tree, and then re-making a wood again, there is a business of lending KRW 50 million to the Korea Forest Service to use it and repay it immediately for six months; (c) the Defendant borrowed KRW 50 million.

The term "" refers to the following.

However, at the time, the Defendant had suffered approximately KRW 60 million, and the retirement benefits paid at that time were borrowed from the Defendant due to economic difficulties, such as the full use of the down payment, etc. for the purchase of land, etc., but it was difficult to avoid the loan even if it was borrowed from the Defendant, and there was no intention to use the loan as personal living expenses, etc., and there was no intention to use it as the above business funds.

On September 30, 2013, the Defendant received from the injured party the remittance of KRW 50 million from the national bank account in the name of the accused to the national bank account.

2. On October 21, 2013, the Defendant loaned money to the said victim in a non-permanent area to pay the money one month after lending the money that the said victim needs to pay for the tuition and living expenses of the Plaintiff.

The term "" refers to the following.

However, as seen earlier, the Defendant did not have any intent or ability to repay the loan, even if it was additionally borrowed from the Defendant, since the facts were economically difficult.

On October 21, 2013, the Defendant received from the injured party the remittance of KRW 10 million from the above national bank account to the above national bank account.

Accordingly, the defendant acquired 60 million won in total on two occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to account statements;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes do not specify the grounds for fraud, the fact that part of the amount obtained by deception is discharged by the victim, the age, sex, intelligence and environment of the defendant, and the victim.