A defendant shall be punished by imprisonment for one year.

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

On April 20, 2015, the Defendant made a false statement to the effect that “E” entertainment week located in Kimhae-si D, “E” lending KRW 40 million to the victim F, the Defendant offered to the effect that “E will pay interest at a higher rate than 11% per month, and the principal will be repaid without a mold three months later.”

However, the defendant did not have any intention or ability to pay the above money until the maturity is due to the situation where there was no income from the failure to do so due to the injury of the defendant's bank loan obligation of KRW 25 million without any particular property at the time.

On the other hand, the Defendant was planned to use the money borrowed from the victimized party to obtain profits from the difference in the interest rate of 20% per month to G. However, the Defendant was well aware that the victimized party did not lend the money to G when he/she became aware of the fact that the injured party borrowed 500 million won or more to G, and that he/she did not lend the money when he/she becomes aware of the aforementioned circumstances.

Nevertheless, the Defendant deceivings the victim with respect to his own ability to repay and borrow money as above, and then received KRW 36550,000 from the victim to the Defendant Nonghyup’s agricultural bank account around April 20, 2015. From around that time to May 21, 2015, the Defendant deceivings the victim by the same method three times as indicated in the list of crimes in the attached Table from around that time to around May 21, 2015, and acquired money from the victim by deceiving the victim in total of KRW 54,450,00 from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and witness G;

1. Documents accompanying the details of account transactions and written complaint;

1. Each investigation report (the defendant and his defense counsel borrowed money from the injured party G and the defendant merely delivered the said money in advance. However, the above evidence may be comprehensively considered, i.e., the following circumstances that can be acknowledged as follows: ① the victim needs to transfer the money to the H Beauty as a building construction issue.