A defendant shall be punished by imprisonment for six months.

Punishment of the crime

Around 2013, the Defendant became aware of membership with C’s insurance solicitor around 2013. At that time, the Defendant used her friendship with the victim who lacks hospital expenses and living expenses, etc., as if she were able to repay the borrowed money with insurance compensation claims, etc., and had her mind to borrow living expenses, etc. from the victim.

Around November 29, 2013, the Defendant stated that “Around November 29, 2013, the Defendant may repay a house even if he sells it, if he/she lends money to the victim without living expenses. If he/she owns it, he/she may repay even if he/she sells it.”

However, at the time, the defendant was living in the Leecheon-cheon with a house of KRW 400,000 per month without a deposit, and there was no other real estate owned by the defendant, so there was no intention or ability to repay the money even if borrowed from the victim.

Nevertheless, the Defendant, as seen above, by deceiving the victim, received KRW 100,000 from the victim’s corporate bank account (E) in the name of the Defendant, and received KRW 58,019,000 in total from November 29, 2013 to January 25, 2016, as shown in the list of crimes in the attached Table, from the victim to the victim’s bank account in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police interrogation protocol against the accused;

1. The police statement concerning B;

1. A complaint;

1. Full certificate of the registered matters;

1. Each one's financial transaction (B) and receipt, notification of data on the current status of financial transactions, each financial information meeting, investigation report (verification0 of details of transactions between A and B, response upon a request for cooperation in investigation and report on investigation (applicable to the Acts and subordinate statutes on the confirmation of credit information of a suspect A);

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts;

1. The former part of Article 37 of the Criminal Act among concurrent crimes;