A defendant shall be punished by imprisonment for six months.

Punishment of the crime

1. Around April 19, 2014, the Defendant committed the crime of April 19, 2014, on the part of the Defendant’s operation in Suwon-si, Suwon-si, the Defendant made a false statement to the victim D that “I wish to use only two months if I wish to purchase the house. I wish to use 20 million won on a monthly interest basis.”

However, at the time of fact, the Defendant did not have an intention or ability to pay money within two months since he/she had an obligation to pay money to the Defendant, even though he/she did not have any specific income or property by using the same as interest payment, etc., and not only borrowed money from the victim but also borrowed money from the victim.

The Defendant received 20 million won in cash from the victim's residence in Suwon-gu E for the purpose of borrowing money from the victim.

2. On May 22, 2014, the Defendant called the victim at a place where the location is unknown, and made a false statement to the effect that “If the Defendant borrowed 15 million won as the money is insufficient to purchase the Chowon apartment house, he/she will use it only for seven months and complete payment.” The Defendant made a false statement to the effect that “I will pay three copies per month for the interest.”

However, at the time of fact, the defendant did not have any intent or ability to pay money within seven months with money borrowed to pay his/her personal debt because he/she received demand to pay his/her personal debt as above.

The Defendant received 15 million won in cash from the victim in the above Cda as the borrowed money.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on the loan certificate;

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

1. The reasons for the sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes [the scope of recommending punishment] and the basic area (six months to one year and six months) (the decision of sentencing) (the sum of the acquired amount) of the basic area (the sum of thirty-five million won) is not specified.