A defendant shall be punished by imprisonment for six months.

However, 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

In fact, the Defendant operated a restaurant from January 2009 to June 201, but was unable to repay the existing borrowed money on the wind to see the enemy, and there was no property, so there was no intention or ability to repay the money from others even if it borrowed money from others.

1. On September 6, 201, the Defendant was transferred from the victim to a new bank account in the name of husband F in the name of the Defendant’s husband, on the ground that “If the Defendant lends money to the victim E in which the expenses of the cafeteria are insufficient, the Defendant would pay the profits from the operation of the cafeteria and the interest on the second part of the month with the amount of the increase of the deposit money at the house and repay it after the second month.” The Defendant was transferred from the victim to the new bank account in the name of husband F.

2. On December 30, 2011, the Defendant: (a) falsely stating that “If the Defendant lends money to the victim necessary to purchase food materials necessary to operate a restaurant, he/she will perform funeral services within several months; and (b) received money from the victim to a new bank account in the name of the Defendant in the name of the Defendant.”

3. On January 18, 2012, the Defendant: (a) falsely stating that “If the Defendant lends money to the victim in which the restaurant operation funds fall short of the restaurant operation funds, he/she will perform funeral services within several months; and (b) received 4.85 million won from the victim to the new bank account in the name of the Defendant.”

4. On May 15, 2012, the Defendant stated that “If he/she lends money to the victim that he/she has to perform a fluorous operation because he/she exceeded fluorine, he/she would perform funeral services within several months, he/she would have repaid the money.” The Defendant received from the victim a remittance of KRW 10 million from the victim to the new bank account in the name of the Defendant.

Accordingly, the defendant acquired 37,400,000 won from the victim E in sum.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;