A defendant shall be punished by imprisonment for not less than eight 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. On March 31, 2017, the Defendant stated that “The interest rate is too high when the Defendant borrowed money from a credit service company” to the victim D, which is located in Ulsan-gu Seoul-gu C office, Ulsan-gu, and that “The Defendant shall repay the loan with the loan borrowed from the credit service company. When the Defendant borrowed money, he/she shall promptly repay the loan with the loan borrowed with the outstanding interest.”

However, the Defendant did not have any intent or ability to repay the debt borrowed from a financial institution at the time, etc., as the Defendant had paid KRW 620 million to a financial institution, and so-called return was prevented, and thus, the Defendant did not have any intent or ability to repay the debt borrowed from the victim.

As such, the Defendant, by deceiving the victim, received total of KRW 20 million from the victim to the corporate bank account under the name of the Defendant on the same day, KRW 10.8 million from April 25, 2017, KRW 20 million from the same account around September 28, 2017, KRW 25 million from the same account around September 29, 2017, and KRW 25 million from the same account around September 29, 2017, and KRW 5 million from October 10, 2017.

2. On January 31, 2018, the Defendant stated, at the above C Office, that “A victim shall not have any insurance premium to be paid to the insurance company of the party head. There may be no money borrowed from the customer, and if the insurance premium is paid from the customer, it would be paid immediately.”

However, the Defendant was in excess of the obligation as stated in Paragraph 1, and even if he borrowed money from the victim, he did not have any intention or ability to repay it.

The Defendant, by deceiving the victim as such, received a total of KRW 7 million from the victim’s E bank account on the same day, and around February 2, 2018, received KRW 12 million from the said E bank account on two occasions, such as receiving KRW 5 million from the said E bank account.

Summary of Evidence

1. The defendant's legal statement made in D's court;

1. Application of Acts and subordinate statutes to the details of transactions, loan certificates, notarial deeds, receipt certificates (reports of bankruptcy under the Ulsan District Act) in the name of the complainant, and the list of creditors;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;