A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On July 13, 2010, the Defendant made a false statement that the Defendant would pay the victim E interest higher than the bank interest rate in the amount of KRW 50,000,000,000 if the Defendant lent money to the victim E because it is necessary to extend the restaurant in operation.”

However, the Defendant had no intention or ability to repay the above money even if the Defendant borrowed the above money from the victim, because the Plaintiff accumulated the debt amount to KRW 40,000,000 and there was no particular property or income at the time.

Nevertheless, the Defendant received KRW 3 million from the victim on the same day through the commercial bank account (F) in the name of the Defendant, and received KRW 117,300,000 from the victim on October 15, 201 in total by the same 32 occasions, such as the statement in the list of crimes, from October 15, 2010.

Accordingly, the defendant acquired the victim's property by fraud.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the head of passbook entry statement and loan certificate;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;