A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

When the Defendant closed the Maurel operated with the wife B and received demand for repayment of the borrowed money from the surrounding people, the Defendant conspired with the Party B to lend money from the victim C known to the general public.

1. On February 24, 2012, the Defendant made a false statement that “The Defendant met with the above-mentioned Hongsung-gun D, while “B shall repay money within 2 to 3 months if it lends money to a third party because it has a right to use the money, and even if it does not have any money, it shall be repaid at other places,” and the Defendant stated that “the credit of his wife is good and trust money is lent.”

However, the defendant and B did not have certain property or income, while they bear not less than 30 million won obligations to the neighbors, and even if they borrowed money from the victims, they did not have any intent or ability to repay it within 2-3 months.

The Defendant, in collusion with B, by deceiving the victim as above, received KRW 10 million from the victim to E account in the name of B on the same day.

2. B, around March 14, 2012, concluded that “B, by posting a phone to the victim, would promptly repay the phone amounting to KRW 10 million prior to the lending of KRW 5 million to the victim.”

However, the Defendant and B did not have any intent or ability to repay money within a short time even if they borrowed money from the victim as above.

The Defendant, in collusion with B, by deceiving the victim as above, received KRW 5 million from the victim to the above E account in the name of B on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Some statements made in each police interrogation protocol concerning B;

1. Details of account transfer; and

1. Decision on loans provided at 2016 Ghana 11035;

1. Application of B Account Number Statutes;

1. Articles 347 (1) and 30 of the Criminal Act concerning the facts constituting the crime;

1. Selection of each sentence of imprisonment;

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

1. Article 62 of the Criminal Act: