A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

At around 15:00 on November 30, 2012, the Defendant: (a) made a false statement that “F will pay 3% interest per month when he/she lends money for rent and operating funds of G main office in Gangnam-gu Seoul Metropolitan Government D; and (b) would have him/her repay by November 30, 2013; (c) if he/she fails to pay the money, he/she would have the said main office assigned the right of lease and operate it; and (d) caused the said F to deliver such content to H.

However, the Defendant was thought to use money to repay gambling debts from the injured party. At the time, the Defendant had a debt equivalent to KRW 250 million at the time, and did not have any property that could be disposed of. The real estate lease agreement on the above main points in the name of the Defendant presented through F had already expired, and at the time, the above main points had already been concluded a lease agreement again under the joint name of the Defendant and his former wife I. Therefore, the Defendant merely did not have the right to solely transfer the right to lease the above main points to the victim, and the Defendant was unable to pay the above main points for about 6 months, and the Defendant was to have the right to demand the above main points from J, a lessor of the building of the said main points. Accordingly, even if the Defendant borrowed money from the injured party, the Defendant did not have any intention or ability to make a change within the time limit for payment, and there was no intention or ability to transfer the said main points to the said victim.

The Defendant had the victim deliver KRW 10 million to the above F around that time, and caused the F to transfer KRW 20 million to the account of K-based bank designated by the Defendant on November 30, 2012. On December 3, 2012, the Defendant transferred KRW 15 million to the account of K-based corporate bank in the name of J-based bank designated by the Defendant, and received KRW 75 million from the above F on the same day.

Summary of Evidence

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