A defendant shall be punished by imprisonment for six months.

except that 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

1. On August 201, 201, the Defendant made a false statement to the victim B at a coffee shop where the trade name on the first floor in Songpa-gu Seoul, Songpa-gu, Seoul was unknown, stating that “A company’s monthly settlement fund is insufficient and thus, a company would be deposited at the beginning of the following month.”

However, the intention of fact was to use the money received from the victim as gambling fund, and even if there was no particular asset at the time, there was no intention or ability to repay the money.

As such, the Defendant, by deceiving the victim, was transferred from the victim to the new bank account of the Defendant’s wife, KRW 10 million on August 11, 201, KRW 12,000 on August 12, 201, KRW 30 million on August 23, 201, and KRW 30 million on August 23, 201, respectively.

2. On September 201, 201, the Defendant made a false statement to the victim before the Bank of Korea, “No money was paid to the Defendant before the Bank of Songpa-gu, Songpa-gu, Seoul, Dok-gu, 5, Dokdong-gu. The Defendant borrowed money with the money borrowed prior to leaving the investment profits in D shares, and thus, borrowed money.”

However, the intention of fact was to use the money received from the victim as gambling fund, and even if there was no particular asset at the time, there was no intention or ability to repay the money.

As such, the Defendant, by deceiving the victim as such, received KRW 20 million from the victim on September 8, 201, under the pretext of borrowing money, from the victim, KRW 10 million on September 9, 201, KRW 20 million on September 21, 201, KRW 25 million on September 21, 201, and KRW 65 million on September 27, 201, respectively, to the said Korean bank account.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Investigation report (to hear statements by complainants);

1. Application of Acts and subordinate statutes to investigation reports (report on confirmation of place of crime);

1. Article 347 (1) of the Criminal Act applicable to the crime (the point of fraud and the choice of imprisonment);

1. Article 37 of the Criminal Code among concurrent crimes.