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. Around February 10, 2012, the Defendant stated that “In the house of the victim D located in Gyeyang-si, Yangsan-si, the Defendant would be employed again upon the settlement of the damages from the company.” If the Defendant borrowed KRW 30 million, the principal would be repaid in 1 million per month and the interest would also be paid.”

However, even if the defendant borrowed money from the victim, the defendant was thought to use it for gambling, and there was no intention or ability to repay the borrowed money.

As above, the Defendant, by deceiving the victim as above, received 2 million won from the victim under the name of the victim for the loan, in front of the Gyeongnam-dong, Chungcheongnam-dong, Chungcheongnam-do on the same day, and received 3 million won from the new bank located in the same city north-dong, and received 25 million won in the name of E on the 27th day of the same month, and acquired 30 million won in total from the remittance to the account in the name of E.

2. On February 13, 2012, the Defendant called the victim’s phone at the nearest of the F Hospital in Busan-gu Busan-gu, Busan-do, that “I will pay back immediately upon the transfer of KRW 1 million.”

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.

As above, the Defendant, by deceiving the victim as above, received 1 million won from the victim to the account in the G name on the same day under the pretext of borrowing money from the victim and acquired it by defrauded.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (to submit a reply to a request for cooperation on NIC evaluation information);

1. Application of Acts and subordinate statutes to loan transaction offices and loan certificates;

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, Articles 38 (1) 2 and 50 of the Criminal Act;

1. In light of the fact that the total amount of money acquired by the Defendant from the victim is a large amount of KRW 31 million, the criminal liability of the Defendant is not minor, but the Defendant is not minor.