A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

From February 2, 2019, the Defendant borrowed money from Asan City B under the name of a person who operates Cnobya, and was aware of through a son to pay profits from lending money to the victims, and did not pay the money in full.

1. On January 1, 2019, the Defendant: (a) called “the victim’s fraud” by phoneing the victim to a police officer in mid-term service; and (b) concluded that “The victim’s money is insufficient to take over and operate an online room. If the Defendant borrowed KRW 120 million, the Defendant would pay KRW 200,000 per month interest to the victim’s musical income; and (c) the principal would sell a singing room already operated until December 18, 2019.”

However, the defendant had no intention or ability to pay interest or to pay principal, as promised by the victim, because he/she thought that most of the money borrowed from the victim or disposed of the existing singing because of a large amount of existing loans, personal debts, etc. at the time, was used to repay such debts.

As such, the Defendant, by deceiving the victim as such, received from the victim a total of KRW 117.6 million on January 25, 2019, KRW 20 million, KRW 27.6 million on January 31, 2019, KRW 50 million on February 12, 2019, and KRW 20 million on February 13, 2019, respectively, and acquired a total of KRW 117.6 million on four occasions from the victim’s personal compromise account under the name of the Defendant.

2. On March 11, 2019, if the Defendant borrowed KRW 30 million to the victim at a restaurant located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, to the victim F, the Defendant would pay money to the victim F by securing the object.

The interest shall be paid in 1.2 million won per month, and the loan shall be repaid until December 11, 2019.

‘A false statement' was made.

However, in fact, the defendant did not have the intent or ability to repay the borrowed money as promised to the victim because he thought that he would have used it to repay the existing personal debt with the borrowed money from the victim.

On March 11, 2019, the Defendant, by deceiving the victim as such, and deceiving it from the victim to the account under paragraph (1).