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

Punishment of the crime

1. On December 2010, the Defendant made a false statement to the victim D, who had been aware of the fact that the Defendant had been working together at a hospital in the Southern-si, Gyeonggi-do, and the Defendant had been working for the Defendant at the store, stating that “I would make much profits from the investment of stocks. If I would lend 36 million won to B, I would sell the shares, I would make 80,000 won per month the interest for the sale, and the principal will be repaid without compensation until October 201.”

However, at the time of fact, the Defendant, while running a business with no expertise or experience in the middle- and high-tech trading fund from the parents without his own capital, did not run the business normally, and even in the future, the business is not properly conducted, and it is not easy to guarantee the victim's profits as above. Furthermore, the Defendant did not have any intention or ability to pay the principal and interest to the victim because the Defendant had to pay the Defendant's personal living expenses and credit card payment due to the sales proceeds, etc.

Nevertheless, on December 22, 2010, the Defendant, by deceiving the victim as such, received 36 million won from the victim to the agricultural bank account in the name of E designated by the Defendant and acquired it by deceiving the victim.

2. On May 201, the Defendant, at a restaurant located in Yeongdeungpo-gu Seoul Metropolitan Government F, made a false statement to the said victim D, stating that “I will pay back only one month if I lend only 20 million won per week. And interest will pay KRW 1.5 million.”

However, at the time of fact, the Defendant was in a state where he was sold in the middle- and high-tech under the above Paragraph 1, and otherwise, even if he borrowed money from the victim, he did not have the intent or ability to pay to the victim, and the money borrowed from the victim also.