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

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

Punishment of the crime

1. On January 2017, the Defendant called to the Victim B by phoneing the victim B, stating that “The Defendant has a debt worth worth KRW 25 million at the present 2-3 finance bonds, and the interest rate is too small to inquire about the loan loan. He/she shall repay the debt currently held by him/her at the face of the loan in the name of four. When he/she deposits the account at a monthly rate of 2-3 months, he/she may change the credit rating to another loan because he/she has high credit rating, and thus he/she may repay the loan with a new loan around March 2017.”

However, even if the defendant borrowed money from the victim, he did not pay the existing debt, but did not want to use it as gambling expenses, living expenses, etc., so he did not have any intention or ability to repay the money of the victim with the repayment of the money.

As above, the Defendant, by deceiving the victim, received a total of KRW 38.7 million from January 16, 2017 to January 22, 2017 from the victim, to transfer the sum of KRW 38.7 million to the Cbank account in the name of the Defendant at least eight times.

2. On April 7, 2017, the Defendant made a false statement to the victim B by using D message that “A loan or mobile phone fee is unpaid, but the Defendant would not be paid back with credit rating.”

However, in fact, the defendant did not use the loan for school expenses, etc. even if he borrowed money from the victim, and did not intend to use it as gambling expenses, living expenses, etc., so he did not have the intent or ability to repay the money of the victim with the loan for repayment as above.

The Defendant, by deceiving the victim as above, received KRW 150,00 from the victim to the Cbank account in the name of the Defendant and KRW 373,00 from the E Bank account.

In this respect, the defendant deceivings the victim two times and defrauds the victim a sum of KRW 4,258,00.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Written complaint;

1. Investigation report (Submission of confirmation of transaction for the victim) and transaction;