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

However, 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

The Defendant is a person working as the head of the counseling office at the “Csan Women’s Hospital” hospital located in Jeonnam-si, and the victim D and the victim E are working as an employee at the above hospital.

1. Around the beginning of November 2012, the Defendant made a false statement to the victim D that “If the Defendant lends money to the victim D for an auction-related business, he/she would give the victim interest monthly interest.”

However, in fact, the Defendant did not have any intent or ability to repay the above borrowed money to the victim because the Defendant did not use the said money as an investment fund related to auction and did not use it as a cost of living, such as credit card payment. However, the Defendant did not have any intent or ability to repay the borrowed money to the victim, even if he received money from the victim as a loan for investment related to auction.

Nevertheless, on November 14, 2012, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim to the G bank account under the name of the Defendant, and subsequently acquired the money by deceiving KRW 39,850,000 from that time through February 21, 2014, as described in the attached Table 1 by the same method as shown in the attached Table 1.

2. On April 2013, at the same place as from the beginning of April, 2013, the Defendant made a false statement to the victim E, stating, “If the Defendant lends money to the victim E for an auction-related business, he/she will give interest on a monthly amount of interest.”

However, even if the Defendant received money from the victim as a loan for investment in auction-related business due to the circumstance that the Defendant had borne approximately KRW 100 million with financial institutions such as F around April 2013, the Defendant thought that the principal and interest could not be repaid properly, as well as that he did not use the said money as an investment in auction-related business, and used it as a cost of living, such as credit card payment.