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

Punishment of the crime

1. On March 15, 2017, the Defendant: (a) lent KRW 20 million to the victim C by telephone from the Seo-gu Daejeon Daejeon-gu Office around March 15, 2017; (b) from March 15, 2017 to June 15, 2017, the Defendant would pay the principal and 5% interest by generating profits by investing in Bitcoin for three months from March 15, 2017.

“Around March 15, 2017, the Defendant was transferred 20 million won from the victim to the D deposit account under the name of the Defendant. However, the Defendant was thought to use the said money as repayment of existing debts or living expenses, etc. However, the Defendant did not have the intent or ability to pay the principal and interest of the loan within three months by investing the said money in the said money. In fact, the Defendant wired 2 million won to E for daily living expenses around March 15, 2017, and transferred 88 million won to F for the purpose of repayment of debts around March 17, 2017, and did not use the said money as the principal and interest as the investment fund. Accordingly, on March 23, 2017, the Defendant was urged by the victim to receive 20 million won from the victim’s bank account under the name of the said victim to the effect that he was given the said money from March 23, 2017 to the date of borrowing 1,000 won from the victim’s account.

However, the defendant thought that the above money will be used as a repayment for the existing debt, and there was no intention or ability to pay the principal and interest of the loan within three months with the above investment.

In fact, the Defendant, on March 23, 2017, remitted the said money to F as a repayment of debt, in full, to F on or around March 23, 2017, did not use the said money as an investment fund.

In this respect, the Defendant above.