A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

On February 20, 2012, the Defendant was aware of the introduction of Drenk's office in Gangdong-gu Seoul, the Defendant was the representative of Drenk's Drenk's Drenk (hereinafter Drenk's office), who borrowed KRW 150 million to B, would pay the principal one million per month after one year.

In addition, as security for KRW 100 million, all vehicles at the Drencdong branch will be provided.

“False speech” was made.

However, in fact, the Defendant was a person who worked as a warden at the Drencdong branch, and the vehicles at the Drencdong branch were registered as owned by Drenck, and thus, the Defendant did not have the right to dispose of the vehicle. At the time, the Defendant had the obligation to pay KRW 70 million and did not have any property or income.

Even if a person borrows money from the injured party, he/she did not have the intention or ability to repay it.

On February 20, 2012, the Defendant received a cash of KRW 30 million from the damaged party to the Defendant’s bank account at the office of the said Drencdong branch office on February 20, 2012, and received KRW 35 million on May 2, 2012, and transferred KRW 35 million on May 15, 2012 to the Defendant’s account at the Defendant’s name.

Accordingly, the defendant was delivered KRW 100 million by deceiving the victim.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Statement made by the witness F in the third public trial records;

1. Statement made by the witness G in the fifth public trial records;

1. An agreement;

1. Provision of financial transaction information;

1. Application of the Acts and subordinate statutes to the complaint;

1. In light of the pertinent legal provisions on criminal facts and Article 347(1) of the Criminal Act’s choice of punishment, the primary crime that has no record of criminal punishment for the reason of sentencing, the fact that it appears that it is not a crime based on conclusive intent, a part of the amount is paid under interest, and there are family members to support, etc., which are favorable to the Defendant, or the total amount of damage caused by the instant crime is KRW 100 million.