A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

1. Around July 2, 2013, the Defendant made a false statement to the effect that “Around July 2, 2013, the Defendant had an E apartment in an amount equivalent to KRW 300 million in the market price with the victim D and had re-satisfed, the Defendant would use the G office operated by the Defendant in Busan, Seo-gu, Busan, with the effect that “Around July 2, 2013, the Defendant would lend the money to the victim for eight months if the money is urgently needed.”

However, at the time of fact, the Defendant provided the above apartment as a debt-backed security, but failed to repay the debt, and was in the status of reporting the loss of KRW 300 million with stocks and futures investment as well as there was no special property or income. Therefore, even if he borrowed money from the victim, he did not have any intention or ability to repay it.

The Defendant received 20 million won from the victim to the bank account in the name of the Defendant on the same day under the name of the victim.

Accordingly, the defendant was given property by deceiving the victim.

2. Around July 8, 2013, the Defendant continued to commit fraud on or around July 8, 2013, concluded a false statement to the effect that, even if he/she borrowed money from another person for the foregoing reason, the Defendant would repay all of KRW 70 million by the end of August, 2013, including the borrowed money prior to the loan of KRW 50 million, despite having no intention or ability to repay the money.

The Defendant received 50 million won from the victim to the bank account in the name of the Defendant on the same day under the name of the victim.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, H and I;

1. Application of Acts and subordinate statutes to a statement of account transactions, a certificate of borrowing, a recording, and a criminal investigation report (No. 20);

1. Article 347 (1) of the Criminal Act applicable to the crime (the point of fraud and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;