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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. The Defendant committed the crime of July 13, 2017: (a) from the “D” operated by the victim C, who was in Sinnam-gun, and was not in Sinnam-gun, around July 13, 2017, to lend money to the victim “a million won to be used as a gold,” and if necessary, to repay money at any time.

The phrase "I wish to give KRW 300,000 per month" was false.

However, in fact, the Defendant did not have any special property or income, and was unable to repay a large amount of obligation, and was in the state of application for exemption and bankruptcy to the Changwon District Court on April 24, 2017, and thus, the Defendant did not have any intention or ability to complete payment even if he borrowed money from the injured party.

Nevertheless, the Defendant, by deceiving the victim as such, obtained 9.7 million won after deducting 300,000 won from the prior interest from the victim as the borrowed money on the same day from the victim to the Nonghyup Bank account (F) in the name of E.

2. The Defendant, who committed the crime on July 31, 2017, shall use the victim for 100 days and complete payment at the place specified in paragraph (1) around July 31, 2017, where “20 million won is leased to the victim.”

Although the Defendant made a false statement that 2.4 million won is to be paid, the Defendant did not have any intent or ability to complete payment even if he/she borrowed money from the injured party, as described in paragraph (1).

Nevertheless, the Defendant, by deceiving the victim as such, received the money from the victim to the account in the name of the Nonghyup Bank in the above E as a loan deposit with the sum of KRW 20 million, including KRW 5 million on the same day from the victim, KRW 15 million on August 1, 2017, and KRW 15 million on the next day from August 1, 2017.

3. The Defendant who committed the crime on August 21, 2017 shall lend the victim “20 million won” at the place specified in paragraph (1) around August 21, 2017 to the victim for use and full payment for five months, if he/she lent it to the victim.

Although the Defendant made a false statement that stated that he would give KRW 4 million, the Defendant did not have any intent or ability to complete payment even if he/she borrowed money from the injured party, as described in paragraph (1).

Nevertheless, the defendant deceivings the victim, and is the same day as the victim.