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

Punishment of the crime

1. 차용금 명목 사기 피고인은 2018. 5. 날짜불상경 피해자 B으로부터 1억 원을 빌려달라는 부탁을 받게 되자, 피해자에게 “1억 원을 빌려주려면 목포, 광주에서 채권을 회수해야 한다. 채권 확보에 필요한 경비를 지원해주면 그 돈을 받아서 1억 원과 경비까지 모두 주겠다. 우선 1,000만 원만 줘봐라.”라고 하였다.

However, even if the Defendant received money from the victim, it was thought that it will be used as living expenses, etc., and there was no claim that can be recovered at that time, so there was no intention or ability to lend KRW 100 million to the victim with money in cash.

Nevertheless, around May 14, 2018, the Defendant: (a) by deceiving the victim as above; (b) received KRW 10 million from a bank account (D) in the name of the Defendant; and (c) received KRW 43,900,000 in total over 12 times as indicated in the attached list of crimes.

2. On May 31, 2018, the Defendant: (a) around May 31, 2018, in F in Jongno-gu Seoul Metropolitan Government E, the Defendant purchased KRW 2 million for the gift certificates by lending money to the wife with the gift certificates; (b) the Defendant purchased KRW 2 million for the gift certificates.

However, as stated in paragraph 1, the defendant was thought to use the gift certificates at a discount even if he received the gift certificates from the victim as living expenses, etc., and there was no intention or ability to lend money to the victim.

As above, the Defendant deceptioned the victim, and received KRW 2 million from the victim’s new world department store gift certificates.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. The purpose of recognizing part of the police suspect interrogation protocol for the defendant (the victim's statement to the same effect as the criminal facts)

1. Protocol of the police statement concerning B;

1. A complaint;

1. Account transactions;