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

Punishment of the crime

1. On April 24, 2008, the Defendant made a false statement that “The Defendant would lend KRW 2 million to the Kim that received the secured loan by borrowing the Defendant’s apartment at the Bupyeong-gu, Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, in the form of a loan by the victim C as a collateral for an apartment.”

However, in fact, the defendant's total amount of money was not more than five million won, and there was no intention or ability to pay it even if the defendant borrowed money from the victim in the situation where most of the revenue was paid with business funds and insurance premiums in substitution.

As such, the Defendant, by deceiving the victim as such, obtained 20 million won from the victim in the same place and acquired it by deception.

2. On July 24, 2008, the Defendant stated that “The Defendant would purchase an apartment jointly with the Plaintiff, but if the Defendant borrowed the amount of KRW 10 million,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.

As such, the Defendant, by deceiving the victim as such, obtained KRW 10 million from the victim in the same place and acquired it by deception.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. From among concurrent crimes, unfavorable circumstances such as the fact that the victim’s damage for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act has not been recovered properly, and favorable circumstances such as the confession of the defendant, the fact that there is no criminal record exceeding the fine, the fact that some of the money has been repaid after the crime, and the repayment has been made in addition to one million won, are favorable.