A defendant shall be punished by imprisonment for four months.

Punishment of the crime

1. Around March 8, 2010, the Defendant made a false statement to the effect that “The Defendant would pay the victim KRW 15 million interest at around October 25, 2010, along with the interest rate of KRW 2% per annum, if he/she lent KRW 15 million to the victim. That time, he/she may receive KRW 20 million.”

However, on October 25, 2010, the Defendant did not have subscribed to the delivery number system of KRW 20 million, and there was no other property, and there was no intention or ability to repay the said money to the victim.

Accordingly, the Defendant, by deceiving the victim, received 15 million won from the victim to the bank account (D) in the name of the Defendant on the same day.

2. On March 10, 2010, the Defendant made a false statement to the victim’s house, stating that “If five million won is to be loaned to the victim, the Defendant would have to take out an installment savings in the following month.”

However, the defendant did not have subscribed to installment savings at the maturity of April 2010.

Accordingly, the defendant deceivings the victim, and received five million won from the victim to the bank account (D) in the name of the defendant on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Details of deposits and transactions;

1. Investigation report (A telephone investigation);

1. Application of Acts and subordinate statutes to a criminal investigation report (report on failure to submit reference materials);

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Election of Penalties;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing does not mean that the total amount of the damage in this case is the largest amount, but considering the fact that the victim is the money corresponding to the whole property, the victim did not have any damage to the victim at all, and the victim did not seek any compensation from the victim, even though the defendant has no criminal punishment until now, and even if he/she is led to the confession of this case, he/she may not be sentenced to punishment.