A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The Defendant and the victim B borrowed a total of 6 million won from around July 2015 to July 2016 on several occasions under the name of card fees and living expenses from around September 2015 to October 2015.

On October 19, 2015, the Defendant received a request from the injured party to repay the above 6 million won from the injured party within the "D four-day shop" of the victim's operation of Masan-si C Commercial Building 102, Changwon-si, Changwon-si, and the Defendant made a false statement to the effect that if he/she borrowed 20 million won from a bank under four names, he/she would have paid 6 million won with the money and paid 20 million won with the loan to the bank without being borrowed from the bank.

However, at the time, the Defendant did not have the ability to obtain a loan from the bank due to the Defendant’s debt of KRW 30 million, including loans of KRW 10,000,000 to the Bank, KRW 30,000,000,000 from the individual, and KRW 20,000,000,000 from the individual. Even if the Defendant received the payment from the injured party, the Defendant was planned to use the Defendant’s debt repayment and the purchase cost of game items, and thus, the Defendant did not have the intent and ability to receive the payment even if receiving the payment from the injured party

Ultimately, the Defendant, by deceiving the victim as above, had the victim borrow 175,00,000 won from the North-dong branch of Changwon-si, Changwon-si around October 19, 2015 to get the victim to borrow 20,000,000 won from the branch of the Dong Dong-dong, and then used 6,30,000 won from among them to repay the victim’s debt, and received 70,000,000 won from the account under the name of the Defendant around October 20, 2015, and received 10,000,000 won from the account under the name of the Defendant around October 31, 2015, and acquired 20,000 won in total by receiving 3 million won from the remittance around October 31, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to a complaint and a criminal investigation report;

1. Criminal facts;