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

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

Punishment of the crime

1. On January 2012, the Defendant made a false statement to the effect that “D” office in the Gu, Si, American, and American, “The Defendant will lend money to the victim E to the punishment of the business, and make payment for the loan, which requires a large amount of interest, KRW 1.5 million per month, and KRW 50 million per month, and KRW 3 million per month will be paid.”

However, the Defendant had already lent KRW 20 million to F, who is a prison, around January 2010, and had not received repayment, and had never been able to receive the principal and interest payment at that time even if he borrowed money to F, and the Defendant had never been able to receive the payment of the principal and interest payment at that time. If the monthly income from the insurance solicitor was excluded from the living expenses equivalent to KRW 2 million to KRW 3 million at that time, the Defendant did not have the ability to subscribe to the installment savings for the victim because there was almost no remaining money, and thus, the Defendant did not have the ability to pay KRW 3 million each month.

Ultimately, the Defendant, as seen above, by deceiving the victim as above, received KRW 48,390,000 in total from the victim as the borrowed money, including KRW 30,00,000 on February 8, 2012 and KRW 18,390,000 on September of the same month, and received KRW 48,390,00 in the account under the name of the Defendant.

2. Around April 2012, the Defendant made a false statement to the effect that “If the Defendant lends KRW 10 million to the victim E, he/she will give three (3) interest per month and complete payment three (3) months.”

However, the Defendant did not have any intent or ability to repay money in time, even if he borrowed money due to the lack of economic circumstances as above.

Ultimately, the Defendant, by deceiving the victim as above, received KRW 10,000,000 from the victim as the borrowed money on or around May 2, 2012 from the victim, to the single bank account under the name of the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Each police statement of E;

1. Application of the Acts and subordinate statutes of the electronic certificate of remittance, the statement of details of account transfer, and the statement of account transfer;