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

Punishment of the crime

As a family owner, the Defendant had a debt equivalent to KRW 149 million, and did not pay monthly rent for an apartment house residing in Korea at any time. It was not good for the Defendant to receive a credit card loan and so-called “the so-called “the return prohibition”. Therefore, even if the Defendant borrowed money from the victims, there was no intention or ability to repay it.

1. On October 19, 2010, the Defendant sent a phone call to the victim B at an irregular place and made a false statement to the victim B, stating that “The husband is in need of business and money is required, if he/she lends 20 million won to him/her, he/she will pay for only three months, and the interest will be known to him/her and he/she will do so.”

However, even if the defendant borrowed money from the injured party, he did not have the intention or ability to repay it.

The Defendant, as such, by deceiving the victim, was remitted KRW 20 million from the victim to the same day.

2. On January 27, 2011, the Defendant made a false statement to the victim C of the mutual infinite coffee shop in Songpa-gu Seoul, Songpa-gu, Seoul, stating that “If he/she lends 20 million won to the victim, he/she will pay 20 million won and will pay 3 parts of interest.”

However, even if the defendant borrowed money from the injured party, he did not have the intention or ability to repay it.

The Defendant, as such, by deceiving the victim, received delivery of KRW 20 million from the victim on the same day (section 2 of the Check with KRW 10 million).

Summary of Evidence

1. Some statements made against the defendant during the police interrogation protocol;

1. Statement made by the police against C;

1. Investigation report (cases verified against the outside of the case) and investigation report (suspect A telephone investigation);

1. Application of Acts and subordinate statutes on the inquiry of request for details of transactions of demand, copies of promissory notes, details of transactions of passbook A in the name of one bank, and transaction details under A;

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

1. The defendant acquired the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, which shall be aggravated for concurrent crimes.