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

Punishment of the crime

1. On May 22, 2017, the Defendant made a false statement to the effect that “A notarial office located in Jung-gu, Daegu-gu, Daegu-gu, bears 45 million won for high interest, and due to high interest, the Defendant shall not pay the principal. If 45 million won is lent, the Defendant shall repay all of the bonds and pay the interest on the principal and five parts of the month.”

However, the Defendant did not have a fixed amount of income at the time, and there was no property, and the credit card loans amounting to 5 million won in bad credit standing, and the credit card amount paid every month was an average of 2 million won. In addition to the loan loans amounting to 45 million won, the Defendant did not have any intent or ability to repay money properly even if the Defendant borrowed money from the victim due to excessive debt, including loans amounting to 35 million won.

Nevertheless, the Defendant, by deceiving the victim as above, received 4,2750,000 won, excluding 2,250,000 won, from the victim’s bank account under the name of E as the borrowed money.

2. On September 2, 2017, the Defendant made a false statement to the effect that “Around September 2, 2017, the Defendant phoneed the victim at a place unknown to him/her, and that “The principal borrowed prior to the lapse of the last month in which the time limit money is provided, is not separately paid from the next month.” If a loan is extended to KRW 5 million, the Defendant would pay the principal borrowed prior to the loan, along with the principal that he/she borrowed.”

However, the defendant did not have the intent or ability to repay the borrowed money to the victim on the ground of Paragraph 1.

Nevertheless, the Defendant, by deceiving the victim as above, received 4,850,000 won excluding the prior interest and KRW 1,50,000 from the victim as the borrowed money.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and H;

1. Application of Acts and subordinate statutes, such as details of deposits;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. The Criminal Act among concurrent crimes.