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

Punishment of the crime

1. Around January 2014, the Defendant stated that “B shall return money to the victim C at the mutual infinite coffee shop located in Gangdong-gu Seoul, stating that “I would be able to get the victim to board with the interest of 3% per month on the 3% interest if I lend money to the victim for various projects, including import siren, and that “I will return at any time when I return the vehicle.”

However, in fact, Dbenz car which the defendant promised to offer was a lease vehicle owned by the Lag Capital Co., Ltd. and could not be offered as a security, and even if the defendant borrowed money from the victim due to a bad credit standing from around 2011, there was no intention or ability to pay it.

On February 21, 2014, the Defendant, by deceiving the victim as such, received 30 million won from the victim to the new bank account (F) in the E’s name, and acquired it by deceiving the victim.

2. Around March 2014, the Defendant stated that “A victim C shall be given interest at an interest rate of 10% by extracting three external vehicles more than KRW 30 million if it is lent to the victim.”

However, from around 2011, the Defendant had no intent or ability to repay money to the victim even if he/she borrowed money from the victim due to no particular property.

As such, the Defendant, by deceiving the victim as such, received a total of KRW 30 million from the victim to the single bank account (G) in the name of the Defendant, by remitting KRW 10 million on March 8, 2014; KRW 10 million on March 28, 2014; and KRW 10 million on March 31, 201 of the same month; and acquired it by defrauded.

Summary of Evidence

1. Defendant's legal statement;

1. Part of the prosecutor's protocol of interrogation of the defendant as C

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to C’s petition and accompanying documents;

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

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;