A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person who works in C and is engaged in construction business.

1. On February 15, 2013, the Defendant made a false statement to the victim D at one bank located in Gangseo-gu Seoul Metropolitan Government, Gangnam-gu, stating that “If the Corporation is currently in progress with money, it will be repaid if it is used as activity expenses and the construction is completed later.”

However, the fact was that the defendant had a personal debt of KRW 100 million at that time, and the defendant was unable to receive a monthly wage due to the difficulties in the situation of the defendant's working company, so even if he borrowed money from the victim, he did not have the intention or ability to pay it properly.

The defendant deceivings the victim as above and received 4 million won as the loan from the victim on the same day.

2. On April 29, 2013, the Defendant made a false statement to the effect that “Around April 29, 2013, 3 million won, in the name of card expense for a female-friendly-gu card, was phoneed to the said victim at an influence place, and “A person shall be paid back if he/she begins construction immediately, by lending KRW 3 million to be necessary.”

However, the defendant did not have the intention or ability to pay the amount properly even if he borrowed the amount from the damaged person, such as the above paragraph 1.

The defendant deceivings the victim as above, and was transferred KRW 3 million to the account of the defendant to the account of the defendant's bank under the pretext of borrowing from the victim.

3. On June 2013, the Defendant made a false statement to the effect that “The Defendant shall lend KRW 5 million to the victim with his/her own interest in return, and the Defendant shall repay the money when he/she entered several public corporations around September of this year,” with the victim’s interest at an influence place on the same day.

However, even if the defendant borrowed money from the damaged person as described in the above paragraph 1, he/she shall have the intention or ability to pay it properly.