A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

On December 24, 2009, the Defendant made a false statement that “The interest of 2% per month shall be paid if he/she lends money to the victim C” by phoneing to the victim C, and there is an apartment house purchased at port, so he/she would receive a loan as collateral and repay the money.”

However, the defendant did not have the fact that he purchased an apartment owned by his sole owner, and because the monthly income was not fixed and was economically difficult to pay the card price, he did not have the intention or ability to pay it even if he borrowed money from the victim.

As such, the Defendant, from around that time to May 29, 2012, by deceiving the victim, received a total of KRW 91 million from the victim over 14 times as a loan, as shown in the attached list of crimes, from around that time.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Partial statement of the defendant in the suspect examination protocol against the defendant;

1. Entry of each of the accused's statements in the police interrogation protocol against the accused;

1. Application of Acts and subordinate statutes to notarial deeds and a statement of deposit and withdrawal;

1. Relevant Article 347 (1) of the Criminal Act and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Social Service Order Criminal Act: (a) The Defendant prepared a notarial deed of a monetary loan agreement with the victim on November 11, 2013; (b) the loan amount of KRW 91,00,000; and (c) the maturity of repayment on December 30, 2013; and (d) the interest rate of KRW 24%; and (b) the Defendant confirmed that he/she remitted the total amount of KRW 4,40,000 on five occasions from November 27, 2013 to January 24, 2014; (c) however, the Defendant was investigated by the police on September 29, 2014; and (d) stated that “the debt amount of KRW 91,00,000; and (d) the amount repaid out of KRW 99,1,000,000,000,000,” as above, stated that the aforementioned remitted amount was paid as interest or the amount paid to KRW 91 million.