A defendant shall be punished by imprisonment for one year.

Punishment of the crime

Around 18:00 on June 1, 2017, the Defendant made a false statement to the victim B, “A house business is operated in escopical world, but money is not sufficient. If the Defendant borrowed KRW 170 million until July 1, 2017, the Defendant would repay the principal to the Defendant and make profits to the Defendant.”

However, in relation to the two-dimensional housing business, the Defendant did not own a house as well as a site purchase. Since some of the 3.3 billion won funds necessary for the purchase of the site were not raised, there was a very little possibility of realizing the business. The Defendant was only a debt with bad credit standing amounting to approximately KRW 44 million, and the Defendant exceeded a debt with no particular income or property. Therefore, even if he borrowed money from the victim, he did not have the intent or ability to pay the amount to the victim because he was considered to use it as a living expense, tax, fine, personal debt repayment, etc.

Nevertheless, on June 2, 2016, the Defendant received 150,000,000 won from the victim to the account of community credit cooperatives under the name of the Defendant and acquired it by money.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. B Preparation Report, - Borrowing Certificate

1. Application of the credit information reply statutes;

1. The pertinent Article of the Criminal Act, Article 347(1) of the Criminal Act, conditions favorable to the sentencing of the sentence of imprisonment: The victim does not want the punishment of the defendant at present in consultation with the victim;

Unfavorable circumstances: The amount of damage exceeds KRW 150,000,000,000, which is not the case.

Although it was agreed with the victim, the damage was not fully repaid.

The defendant has been punished several times due to the same crime.

The age, character and conduct, the environment, and the motive and background of the crime of the defendant.