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

Criminal facts

1. In August 2012, the Defendant made a false statement to the Victim C, stating, “The Defendant would have the Victim C receive premium of KRW 35 million on face to sell convenience points in fathercheon D.”

However, there was no intention or ability to get the victim to take over the above convenience points.

The Defendant continued to receive KRW 25 million from the victim as premium on September 21, 2012, and KRW 10 million from November 3, 2011 of the same year to the corporate bank account (F) in the name of the Defendant.

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

2. In January 2013, the Defendant concluded that the Defendant would pay KRW 5 million to the Defendant, including KRW 3.5 million for convenience store acquisition premium, to February 2, 2013, where the Defendant borrowed KRW 20 million to the Defendant, because the amount of material cost is insufficient to open to Jeju-do.

However, in fact, the Defendant did not start the business of entering Jeju-do, but rather closed the convenience store for the Defendant’s sole import cause E, and since March 2010, there was about KRW 50 million in the individual rehabilitation procedure, and there was no intention or ability to repay the amount of money even if the Defendant borrowed money from the victim because there was no assets other than KRW 10 million in the monthly rent deposit for apartments.

Around January 21, 2013, the Defendant received KRW 20 million from the victim to the above corporate bank account in the name of the Defendant for business funds.

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

Summary of Evidence

1. Defendant's legal statement;

1. Part C of the protocol of interrogation of the accused by the prosecution

1. Statement to C by the police;

1. A complaint;

1. Details of passbook transactions;

1. Application of Acts and subordinate statutes on the loan certificate;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.