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

around May 2012, the Defendant borrowed KRW 30 million in total from the victim B with gambling funds.

The Defendant, on May 25, 2012, lent additional money to the victim in the D teahouse located in Jinju-si on May 25, 2012, would offer a Jeju passenger car (hereinafter “the instant passenger car”) as security if he/she lends the money to the victim.

The term "" refers to the following.

However, at the time, the Defendant did not have any particular property or income as a bad credit, and in fact, the instant car was leased by the Defendant, and the Defendant did not have any intent or ability to provide the said car as a collateral, even if he borrowed additional money from the injured party.

The Defendant: (a) by deceiving the victim as above; (b) obtained a sum of KRW 20 million in cash from the date of the occurrence of the damage to October 2012 from the date of the damage to the date of the occurrence of the damage; and (c) obtained a delivery of KRW 20 million in cash from the date of the occurrence of the damage to the date of the occurrence of the damage.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the statement made by the police against B; and

1. Statement made by the police with regard to F;

1. Details of transactions with the National Bank (B);

1. Investigation report (report attached to the victim's statement hearing report, the register of vehicle registration, etc.) (the defendant borrowed KRW 20 million from the damaged person as stated in the facts constituting the crime, but he/she had no intention or ability to repay the money, and thus, he/she did not have any intention to deception or defraud the victim;

The argument is asserted.

However, the following circumstances acknowledged by the court’s legitimate examination of evidence are as follows: (i) at the time of this case, the Defendant had no particular property or income and had been in bad credit standing due to card non-payment; and (ii) the Defendant had paid the unpaid loan to KRW 50 million; (iii) in such circumstances, the Defendant used the money borrowed from the injured party as money for gambling; and (iv) intended to repay the money borrowed from the money borrowed from the money borrowed from the money borrowed from the money in a remote place in the gambling place.