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

On January 2013, the Defendant had no intention or ability to pay the interest at once, even if he/she borrowed money to the victim D, such as the amount of financial right loans worth KRW 470 million, the unpaid construction cost equivalent to KRW 500 million, the amount of personal obligation equal to KRW 150 million, and the amount of interest equal to KRW 150 million, and the amount of interest in arrears due to the absence of any special income from the loan, to the amount of interest in excess of KRW 10 million (three-month amount).

1. Around January 24, 2013, the Defendant received a false statement from the Fgymnasium located in Kimhae-si, to the effect that “The Defendant would repay the money to the victim and pay 10% interest on March 1, 2013, if he/she lends the money,” and that he/she received from the victim a remittance of KRW 1049,000,000 from the victim to the account in the name of G and KRW 8 million on the same day.

2. On February 1, 2013, the Defendant: (a) at the same place on the same day; (b) through G, through G, paid 10% interest to the victim by repaying the money up to March 1, 2013; (c) false statement to the effect that “I will transfer 20 million won of the house where the house is being able to live in by the due date”; and (d) in this context, I acquired KRW 19.5 million from the victim to the account in G’s name on the same day.

3. On March 20, 2013, the Defendant: (a) at the same place; (b) through G, the Defendant made a false statement to the effect that “if he/she lends money to the victim, he/she will pay 10% interest per month, and repay it at this time until September 2013; (c) if he/she fails to repay it, he/she would make the land located at H under the name of the party; and (d) he/she received money from the victim to the account in the name of G on the same day.”

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by the prosecution (including the D substitute part);

1. Each police suspect interrogation protocol concerning G;

1. An investigation report (Submission of Suspect G account Statement), an investigation report (verification and attachment report of a certified copy of the register);