A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

1. Around October 1, 2011, the defrauded Defendant borrowed 70 million won from a lending brokerage company located on the second floor of the Nam-gu Incheon Metropolitan City, Seoul Metropolitan City, to the victim D, “The low father E was used in brain light and was hospitalized in the G convalescent hospital located in the Yeongdeungpo-gu Seoul Metropolitan Government, and there is a need for hospital expenses, and the father may set up a collateral security right on the H site of Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, which is owned by the father. Accordingly, if he/she borrowed money, he/she would have paid 3% interest per month and repaid money within three months.

“A false representation was made.”

However, even if the Defendant borrowed money, he did not have the intent or ability to set up a collateral security on the land owned by E, and he thought that he borrowed money was used as a gambling fund, and even if he borrowed money without certain property and income, he did not have the intention or ability to repay the money.

Nevertheless, on October 6, 201, the Defendant: (a) by deceiving the victim; (b) delivered KRW 7.2 million in cash at the J office in Bupyeong-gu, Incheon; (c) transferred KRW 10.8 million to the company bank account (Account Number L) in the name of K used by the Defendant; and (d) transferred KRW 17 million to the account in the name of K on October 7, 201, via two occasions on two occasions.

Accordingly, the defendant was given a total of KRW 70 million by deceiving the victim.

(A) The Defendant asserted that the portion of KRW 7.2 million in cash was not paid, but the following circumstances revealed by integrating the following evidence, namely, that the Defendant was paid KRW 7.2 million in cash in this court around October 6, 201, and that the Defendant returned it again in advance under the pretext of interest:

On July 1, 2015, the defendant asserted that he received 7.2 million won in cash from the prosecutor's investigation on October 6, 2011.

On June 19, 2013, the victim D stated that the police investigation conducted on June 19, 2013, after deducting the amount of KRW 3.5 million under the name of the fee and KRW 2 million under the name of the prior interest, and the remainder is a certified judicial scrivener's fee.