A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

In around 2012, the Defendant first became aware of the victim due to the Defendant’s hospitalization in the “C Hospital” located in the Busan East-gu, Busan, in the same sick room as the victim D.

1. On September 25, 2017, the Defendant committed the crime: (a) around September 25, 2017, at the victim’s home located in Chungcheongnam-si, Kim Jong-si; (b) concluded that “If the Defendant extended the amount to be used for the marriage ceremony of all token to the victim, the Defendant would pay the principal up to April 30, 2018 and then pay interest of KRW 240,000 per month. The Defendant would receive KRW 40,000,000 from the victim’s house located in Chungcheongnam-si, Kim Jong-si; and (c) made a false statement to the effect that “When the Defendant borrowed the money to be used for the marriage ceremony of all token, the principal would be repaid up until April 30, 2018.”

However, the Defendant, without any specific property at the time, was liable to pay 50,000,000 won or more to the Defendant, and the Defendant was required to pay 40,000,000 won in full as the deposit for the lease of the house held by H as the deposit for the lease of the house held by H. Therefore, even if he borrowed money from the victim, there was no intention or ability to pay it up to the due date.

Nevertheless, on September 29, 2017, the Defendant, by deceiving the victim as above, received KRW 10,000,000 from the victim to the I account in the name of the Defendant (J) around September 29, 2017.

Accordingly, the defendant was given property by deceiving the victim.

2. On December 25, 2017, the Defendant made a false statement to the effect that, at the place indicated in paragraph (1) of paragraph (1) around December 25, 2017, the Defendant would sell the land located in Gangseo-gu Busan Metropolitan City and repay the principal to the victim until April 30, 2018, and pay interest of KRW 100,000 per month until that time. Where the Defendant is unable to repay the money within the agreed time limit, he/she would also repay even if he/she disposes of the land located in Gangseo-gu Busan Metropolitan City K.”

However, in addition to the circumstances described in Paragraph 1., the Defendant did not have any right to the land owned by M, so even if he borrowed money from the victim, the Defendant did not have any intention or ability to pay it up to the due date.

Nevertheless, there is a need to do so.