A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Punishment of the crime

1. Fraud;

A. A. On January 2015, the Defendant made a false statement to the effect that “D” stores located in Seongbuk-gu Seoul Metropolitan Government, “D,” and “B lending money in need of surgery.” However, the Defendant was willing to use money from the victim for personal living expenses, not for surgery expenses, but for personal living expenses, etc., rather than for surgery expenses. The Defendant did not have an intent or ability to pay the money normally even if he borrowed money from the victim because there was no revenue compared to the obligation. Nevertheless, the Defendant deceiving the victim as above, and acquired money from the victim to the account under the name of the Defendant on January 23, 2015, the Defendant acquired KRW 6 million from the victim to the account under the name of the Defendant on May 2015.”

However, in fact, the defendant was thought to use money for personal living expenses, not for the operation expenses of money borrowed from the victim, and there was no property, and there was no profit from the money more than the obligation, so even if he borrowed money from the victim, he did not have the intention or ability to pay it normally.

Nevertheless, the Defendant: (a) by deceiving the victim on May 18, 2015; and (b) caused the victim to obtain pecuniary benefits equivalent to the same amount, including KRW 3 million from E on May 18, 2015; (c) KRW 3 million from F on June 12, 2015; and (d) KRW 3 million from G on June 8, 2015; and (c) obtained a joint and several guarantee.

3 In March 2017, the Defendant made a false statement to the effect that “The Defendant shall appoint an attorney-at-law as a criminal case, and lend money necessary therefor.”

However, the defendant is not required to appoint a lawyer by lending money from the victim.