A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Punishment of the crime

1. Around June 12, 2009, the Defendant received 6 million won in cash from the victim and acquired 6 million won in cash from the victim, on the ground that the Defendant did not have any intent or ability to repay the money borrowed from the victim in the residence of the victim C of Gangseo-si, Gangnam-si, and even though he did not have any intent or capacity to repay the money borrowed from the victim, the Defendant made a false statement to the effect that “the money is required to be paid to the customer. If the Defendant borrowed 6 million won with interest, it shall be repaid with the second interest of each month.

Around September 2009, the Defendant continued to receive 4 million won in cash from the victim and acquired 4 million won in cash from the victim with the purport that “In addition to the loan of 4 million won, the interest on the loan of 6 million won is repaid every month, and 4 million won is borrowed every month,” even though the Defendant did not have any intent or ability to repay 4 million won in cash with the victim.”

2. Around January 13, 2014, the Defendant obtained five million won in cash from the victim and acquired them by deception, on the following grounds: (a) the Defendant did not have any intent or ability to repay the money borrowed from the victim to the victim at the residence of Gangnam-si B on January 13, 2014; (b) the Defendant made a false statement to the effect that “I will use and repay the money borrowed from the victim with a high-quality infant to work in the bank, which is KRW 5 million as the prepaid payment is required; and (c) the Defendant will use and repay the money.”

Accordingly, the defendant acquired a total of KRW 15 million from the victim.

Summary of Evidence

1. Each legal statement of witness C and D;

1. Each police statement of C or D;

1. Written confirmation of payment;

1. Details of deposit transactions;

1. The Defendant of the share capital table was merely lent KRW 10 million to the victim at one time on or around 2007, and the Defendant did not lend KRW 10 million to the victim on or around 2009 or borrowed KRW 5 million on or around 2014, as stated in the facts constituting a crime.

The victim stated that the defendant lent the sum of KRW 15 million to three times, as stated in the facts of the crime, from the investigative agency to the court. The statement is up to the detailed portion of the statement.