A defendant shall be punished by imprisonment for four months.

Punishment of the crime

1. On February 28, 2012, the Defendant stated that “The Defendant shall pay back the amount three months after the loan of funds to the redevelopment project to which D is to proceed, if it is necessary, to do so, to the victim C, who was a member of the same mountain society, in a soup restaurant that is mutually in the Jung-gu Seoul, Jung-gu, Seoul.”

However, even if the Defendant borrowed money from the victim, he had the intent to use it for the credit card payment settlement of the Defendant, and even though he owned an apartment house equivalent to KRW 300 million, there was no possibility to repay it to the victim, since the collateral security amount of KRW 300 million was established and there was no particular income.

Nevertheless, on February 28, 2012, the Defendant, by deceiving the victim, received KRW 20 million from the victim to the passbook in the name of the Defendant.

2. On April 12, 2012, the Defendant called “a person who was unable to repay money to the victim C even if he/she borrowed money to the victim, but was unable to repay the money,” and falsely called “a person who was given a credit card payment to the victim shall be repaid to the sum of money after he/she paid the money.” Accordingly, the Defendant received five million won from the victim to the passbook in the name of the Defendant on April 12, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the entry and withdrawal trading list, details of transactions, and a certified copy of the real estate register;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. From among concurrent crimes, a sentence of sentence is inevitable in light of the following: (a) the first sentence of sentencing under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act; (b) part of the damage (five million won) has been repaid; and (c) the remaining damage has been recovered. In addition, considering the Defendant’s age, character and conduct, family relation, nature and nature of the crime and the criminal administration; (d) relationship with the victim; and (e) circumstances after the crime, etc., the sentence shall be rendered as ordered