Defendant (Defendant 1 of the judgment of the court of appeal)

Kim Jong-Ba (Public prosecution) and sex-based crimes (public trial)

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

In fact, the Defendant had no property under his/her own name and had precious metal equivalent to approximately KRW 200 million in total market value at the “○○○○○○○○,” which he/she operated, but did not have any intent or ability to repay the interest even if he/she borrowed money from the victim, since it was difficult for the Defendant to properly pay the interest due to the fact that the obligation to lend to community credit cooperatives reaches KRW 1 billion and the amount equivalent to KRW 60 million was borrowed at interest rate of KRW 10% per month.

1. On December 14, 2009, the Defendant received KRW 15 million from the victim’s bank account (Account Number omitted) on December 15, 2009, on the following grounds: (a) “○○○○” bank located in Cheongju-si ( Address 1 omitted); (b) the victim Nonindicted 2 loaned the funds to the victim Nonindicted 2 by the end of March 2010 if the funds are to be borrowed by her mother and child,” and (c) the Defendant received money from the victim via its own bank account (Account Number omitted) on December 15, 2009;

2. On December 23, 2009, in the same place as the preceding paragraph, the victim made a false statement to the effect that the victim "on the basis of the difference in the gold value, and if the purchase cost of the gold has been borrowed, it would be repaid three months after the interest, with the interest," and that the victim received from the victim a remittance of KRW 15 million from the same account as the stated in the preceding paragraph in the name of the borrowed amount;

3. On February 20, 2010, at the same place as above 1.2.2.2. 2010, the victim made a false statement to the effect that “if a purchase fund is required because the price of the gold rise and the purchase fund is required, it would be repaid three months after the interest, if the purchase fund is lent, it shall be repaid three months after the interest.” Accordingly, the victim receives from the victim a remittance of KRW 10 million to the same account as described in the above 1.1.

In three times, by deceiving the victim, the victim was received a total of KRW 40 million from the victim and acquired it by fraud.

1. Defendant's legal statement;

1. Statement on Nonindicted 2’s statement

1. A copy of the transfer certificate and a property inquiry report;

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 347(1) of the Criminal Act (including each fraud at the time of sale), the choice of imprisonment

Considering that the Defendant is the first offender who has led to the instant crime and has no criminal history, the sentence of sentence is inevitable for the Defendant, taking account of the mental and economic suffering, etc. of the occurrence of the victim, inasmuch as he/she did not make any effort to repay the damage, even though the defrauded was a considerable amount of money that has been acquired more than 40 million won, taking account of the fact that the defrauded was not able to make any effort to repay the damage. However, in light of the overall elements of sentencing as prescribed in Article 51 of the Criminal Act

Judges Man Sung-su