A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

The defendant is a person who is working as a waterproof leader of (E) E, a subcontractor of the above company, at the site of D being executed in C (State).

1. On October 27, 2010, the criminal defendant against the victim F stated, “If the victim borrowed KRW 30 million as he/she needs to pay the liver surgery expenses of his/her father-child, he/she shall calculate the interest rate of KRW 5% per month, and he/she shall pay it in full without paying it until January 27, 201, which is three months later.”

However, at the time of fact, the defendant did not have any intention or ability to repay even if he borrowed money from the victim because he had a debt equivalent to KRW 35 million due to the liver surgery expenses of the defendant.

The Defendant, by deceiving the victim, received 30 million won from the victim to the flood cooperation account in the name of the female G in the same place.

2. On November 26, 2010, the criminal defendant against the victim H stated in the office described in paragraph (1) of Article 201, saying, “If the victim lends the amount of money to KRW 40,000,000,000,000,000,000 is urgently needed due to the secondary operation expenses and in-house heart surgery expenses, 5% per month shall be calculated, and he/she shall be reimbursed without any molding until June 26, 2011.”

However, at the time of fact, the defendant was liable as stated in paragraph (1) and was unable to repay 30 million won borrowed from F, so even if he borrowed money from the victim, he did not have any intention or ability to repay it.

The Defendant, by deceiving the victim as such, received 40 million won from the victim to the fisheries cooperation account under the name of the female G in the same place.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. The prosecutor's protocol of interrogation of the defendant (including the statement of H substitute for the defendant);

1. The statement made by the police once in relation to F;

1. Application of Acts and subordinate statutes to each investigation report (not more than 58,00 pages 84);

1. Article 347 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;

1. Article 37 of the Criminal Code among concurrent crimes.