A defendant shall be punished by imprisonment for four months.

The request of the applicant for compensation shall be dismissed.

Punishment of the crime

On October 2013, the Defendant lent money to the victim B to the victim B at the E coffee shop in front of the entrance of the D basin in Guro-gu Seoul Metropolitan Government around 2013, “If the Defendant borrowed money to import the protected co-rating drugs used in smartphones, etc. from Germany, he/she will sell the relevant drugs and pay it after one week.

“A false statement” was made.

However, in fact, the defendant did not have the intention or ability to import the protective co-rating drugs, and was thought to be appropriated for the payment of the defendant's existing bonds to the victim, so there was no intention or ability to pay the amount that he received from the victim.

The Defendant, as such, by deceiving the victim, received KRW 17.9 million from the victim, as the loan money around October 18, 2013 from the victim, and received KRW 26.9 million in total from the victim on or around December 23, 2013.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. To enter the accused in part of the protocol of interrogation of the suspect to the prosecution two times against the accused (including the part concerning B's statement);

1. Determination on the statement of remittance of passbook and his/her defense counsel’s assertion

1. The summary of the argument is that the defendant did not borrow 26.9 million won from the injured party, but received the payment as investment money for the import business of the protected co-rating drugs that the defendant had proceeded, and the victim obtained the above amount of money by fraud, since he has a claim for the price of goods above the above amount.

shall not be deemed to exist.

2. In full view of the following facts and circumstances revealed by the evidence duly adopted and investigated by this Court, the fact that the Defendant acquired 26.9 million won from the injured party as stated in the judgment can be acknowledged, as in the facts charged in the judgment.

A. On October 2013, the aggrieved party from the investigative agency to the present law, and from the Defendant, KRW 50 million is required to import the protected co-rating drugs, and KRW 20 million among them.