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

Punishment of the crime

1. On February 6, 2012, the Defendant made a false statement to the victim C, stating, “The Defendant shall pay the victim a debt in return for a loan of money.”

However, the facts did not have the intention or ability to complete the payment even if they borrowed money from the victim.

The defendant received 10 million won from the victim to the Busan bank account (D) in the name of the defendant from the victim for the purpose of borrowing money.

2. On March 2012, the Defendant made a false statement that “The Defendant would assist the Defendant in paying the principal and interest of 23% per annum after one year including the amount of KRW 10 million borrowed from the business funds prior to the loan of the business funds, and at the time of the establishment of Nanhae’s private teaching institute.”

However, the facts did not have the intention or ability to complete the payment even if they borrowed money from the victim.

The defendant is against the victim of the same damage.

4. 2. Loaning KRW 30 million, and the same month;

3. As the same name, a total of KRW 40 million was remitted to each of the above accounts and acquired it.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and E;

1. Application of the provisions of Acts and subordinate statutes to accusations, borrowed paper copies, copies of written statements of performance of obligations, written confirmation of deposit without passbook, written statement of transactions of national banks, written transcript of corporate register;

1. Article 347 (1) of the Criminal Act as to the facts constituting the crime;

1. Selection of each sentence of imprisonment;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Type 1 (less than KRW 100 million): Imprisonment with prison labor for not less than six months from June to June; and

2. Normal circumstances taking into account: A person who has no previous conviction or heavier than that of the same kind or suspension of execution, and partial amount of damage - The unfavorable circumstances: there is no adequate recovery of damage; the age, character and conduct of the defendant;