A defendant shall be punished by imprisonment for not less than five 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. On November 9, 2009, the Defendant made a false statement to the victim B, who was a branch in an unsound place, stating that “If the Defendant loans 12 million won as a result of the establishment of the right to collateral security on the loan in which he lives as a collateral, he will pay the interest on the second installment of each month, and will pay it.”

However, in fact, the Defendant had no certain income from the job at the time, and the amount of gambling obligation was reached by the continuous gambling. The loan, which established the right to collateral security, was already established on the right to collateral security, and the amount of the secured debt was the same as that of the right to collateral security that was not practical exchange value in excess of the market price. Therefore, even if the Defendant received the loan from the victim, there was no intent and ability to repay it.

The Defendant received 12 million won in cash from the victim on the same day, i.e., on the same day as the loan.

2. On September 6, 2010, the Defendant made a false statement to the victim stating that “A prior to the lending of money, which would have been set up a collateral on the lending of money, would have to pay KRW 5 million if it would have been lent to the victim as collateral.”

However, in fact, the Defendant was in the absence of certain incomes at the time, and the Defendant was in a large amount of gambling debts due to the continuous gambling, and was in a state of not holding the bonds to be repaid to others. Therefore, even if receiving a loan from the victim, the Defendant did not have the intent and ability to repay the loan.

The Defendant received five million won in cash from the victim on the same day, i.e., on the same day as the loan.

3. On October 26, 2010, the Defendant made a false statement to the victim, stating, “If the victim lends 10 million won to the victim, 30 million won shall be used for only 3 days, and he/she shall be paid with three installments interest.”

However, the facts are due to gambling as well as there was no certain monthly income at the time.