A defendant shall be punished by imprisonment for not less than eight months.

except that 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

On June 2007, the Defendant introduced the victim C as the vice-chairperson of the “D” in which it is possible to invest KRW 000,000,000 to himself, and attempted to induce the victim by borrowing foreign capital and investment, thereby deceiving the victim to borrow money from the victim.

1. On May 19, 2008, the Defendant made a telephone call to the victim C and made a false statement to the effect that “An urgent amount of KRW 3 million is needed. That is, money entered into the account, which will be repaid within 2,3 days.”

However, the defendant did not have the ability to attract investment to the victim, and there was no other property at the time, so even if he borrowed money from the victim, he did not have the intent or ability to repay it.

The Defendant, as such, by deceiving the victim, received three million won as a loan from the victim on May 19, 2008, under the name of the Defendant, around 18:54 on May 19, 2008.

2. Around June 27, 2008, the Defendant made a false statement to the effect that “A victim C is urgently required,” as text messages, “I will immediately pay.”

However, the defendant did not have the ability to attract investment to the victim, and there was no other property at the time, so even if he borrowed money from the victim, he did not have the intent or ability to repay it.

The Defendant, as such, by deceiving the victim, received KRW 20 million from the victim to the account under the name of the Defendant on June 27, 2008, as a loan around 15:15, 2008.

3. Around August 2008, the Defendant made a false statement to the victim C to the effect that “Around August 2008, the Defendant may raise funds for Cambodia’s main complex project cost, for which E is proceeding, and the cost requires KRW 500 million. However, once interest is paid, the Defendant sent the funds rapidly with KRW 50 million.”

However, the defendant was not only a person incapable of raising project costs for Cambodia's main complex project, but also there was no other property at the time.