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

Punishment of the crime

1. On September 18, 2014, the Defendant, around September 18, 2014, lent KRW 14 million to the victim D, at the C office, which is a mobile phone sales store located in Seo-gu, Gwangju, Seo-gu, Gwangju, to provide security deposit. The Defendant leased a commercial building located in E, while leaving KRW 20 million.

The borrowed money will be repaid for 7 months each month in the amount of 2 million won.

“.....”

However, since the defendant was not the actual right holder of the above shopping mall, he could not offer the claim for the return of the shopping mall as security, and there was no intention or ability to repay the money borrowed from the victim due to no property or income in bad condition of credit.

Nevertheless, the defendant deceivings the victim as above and caused the victim to pay 14 million won operating expenses of the office at that time on behalf of the victim, thereby acquiring property profits equivalent to the same amount.

2. The Defendant committed the crime on September 25, 2014: (a) around September 25, 2014, at the same place as above, lent KRW 6 million to the victim as the store operating expenses are required; and (b) it is possible to provide the victim with a security deposit even if the E commercial sales deposit exceeds the amount of KRW 20 million.

The loan money will be changed by 2 million won per month for three months.

“.....”

However, since the defendant was not the actual right holder of the above shopping mall, he could not offer the above shopping mall refund claim as security, and there was no intention or ability to repay the money borrowed from the victim due to no property or income in bad condition of credit.

Nevertheless, the defendant deceivings the victim as above and acquired 6 million won from the victim to the single bank account under the name of the defendant on the same day.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police against D;

1.Each.