A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

1. On November 20, 2013, the Defendant is expected to receive a loan of 100 million won from a bank as security at the victim E-house located in Gangnam-gu Seoul Metropolitan Government around November 20, 2013, and repay the interest and principal of a bank over 60 months if he/she borrowed the loan from a bank as security.

If the promise is made, the F house owned by the Government will be transferred.

“False speech was made to the effect that it was “.”

However, in fact, while the defendant has a debt equivalent to about 10 million won, there is no special property or income, and even if he borrowed money from the damaged party due to the lack of the F house owned by the defendant, he did not have the intent or ability to pay the principal and interest.

On November 21, 2013, the Defendant, by deceiving the victim, received 100 million won from the victim, under the name of a new bank account in the name of the Defendant, from the victim.

2. On May 30, 2014, the defrauded around May 30, 2014, the Defendant would borrow “85 million won from the victim’s house” to the victim at the victim’s house on May 30, 2014, and repay it three months after receiving insurance money from the victim’s house.

“False speech was made to the effect that it was “.”

However, while the defendant has a debt equivalent to about 10 million won, the defendant did not have any special property or income, and even if he/she borrowed money from the damaged person due to no insurance money, he/she did not have any intent or ability to pay it within three months.

The Defendant, as such, by deceiving the victim, received 85 million won from the victim, under the name of borrowed money, from the said new bank account in his/her new position.

Summary of Evidence

1. Witness G and E’s legal statement;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Money borrowed, details of transactions (85 million won), and data on remittance of 100 million won of new bank loans;

1. Application of Acts and subordinate statutes to replies to requests for investigation cooperation;

1. Article 347 (1) of the Criminal Act, and the choice of punishment for the crime;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Reasons for conviction;

(a)a letter, which is a requisite for fraud;