A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On September 15, 2009, the criminal defendant against the victim C made a false statement to the victim of Esung located in Busan Northern District on September 15, 2009, stating, “I will pay back to the victim on March 2010 if I borrowed KRW 20 million to the victim.”

However, at the time of fact, the defendant did not have any special revenue, and even if he borrowed the money from the victim, he did not have any intention or ability to pay it properly.

The Defendant deceivings the victim as such, and received 20 million won from the victim’s account under the name of the Defendant on the same day.

Accordingly, the defendant was given property by deceiving the victim.

2. Fraud against victim F;

A. On December 4, 2009, the Defendant made a false statement to the victim, stating that “I will pay off if I would pay to the victim an urgent amount of KRW 5 million, with the phone called by the victim.”

However, at the time of fact, the defendant did not have any special revenue, and even if he borrowed money from the victim, the card loan is equivalent to KRW 15 million, there was no intention or ability to pay it properly.

As such, the Defendant, by deceiving the victim, received 5 million won from the victim to the account in the name of the defendant on the same day.

B. On May 6, 2010, the Defendant made a false statement to the victim, “If the Defendant extended KRW 5 million to collect the credit amount that he/she operates, he/she will receive the credit amount three months after the receipt of the credit amount and make a full payment with the credit amount that he/she borrowed.”

However, at the time of fact, the defendant did not have any special income, and even if he borrowed money from the victim because the card loan is equivalent to KRW 20 million, and the bank loan is equivalent to KRW 160 million, he did not have any intention or ability to fully repay it.

As such, the Defendant, by deceiving the victim and deceiving him from the victim to the account under the name of the Defendant on the same day.

Summary of Evidence

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