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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant was dead from the victim B (the “C” stated in the indictment) to August 2015.

1. On February 10, 2016, the Defendant made a false statement to the effect that “The Defendant would have paid much interest on lending money to the other party” to the victim at the E coffee shop located on the first floor of the Jin-gu, Busan, Jin-gu, Busan. If the Defendant lent money to the KRW 50 million, he will pay back the money with the back number.”

However, in fact, the Defendant was liable to F for the debt of KRW 20 million to F, and even if the order of withdrawal of the time limit money was given, there was almost no money to receive the time limit money, and there was no other property, and there was a debt of KRW 10 million to G, H, I, etc., and J bank Small and Medium Enterprise Loan 19 million in J Bank. In fact, the monthly profit was at least KRW 300,000,000 per month by operating the skin management shop, but there was no money actually remaining when using it as living expenses and interest, so there was no intention or ability to repay even if the Defendant borrowed money from the victim.

Nevertheless, on February 11, 2016, the Defendant, by deceiving the victim, was delivered KRW 38 million to the J bank account under the name of the Defendant (K) on February 11, 2016.

2. On December 22, 2016, the Defendant made a false statement to the effect that “A person need to pay money to him/her, i.e., KRW 10 million, loaned 10 million to him/her; i.e., he/she shall be repaid on one month.”

However, in fact, the Defendant did not have any particular property, and even with L et al., had a debt of KRW 19 million to repay part of the money. The monthly profit was limited to KRW 3 million by operating the management shop with the debt of KRW 19 million for micro enterprise loans from J bank, but there was no money actually remaining when using it with living expenses, interest, etc., so there was no intention or ability to repay even if he borrowed money from the victim.

Nevertheless, the defendant deceivings the victim as above.