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 of the final judgment.

Punishment of the crime

[2013 Highest 153] Around November 23, 2011, the Defendant made a false statement in the “EAHA” located in Ansan-si D where the Victim C was working for the victim, stating that “NN would directly pay the principal and interest of the loan to a financial institution if it borrowed the loan from the financial institution.”

However, at the time, the Defendant had a debt of KRW 50 million, and had been able to repay the debt with the money borrowed from the victim, so even if he borrowed money from the victim, he did not have an intention or ability to repay the debt.

The Defendant received the amount of KRW 15 million from the lending company on or around the 25th of the same month from the lender.

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

[2013Kadan324] Around August 30, 2012, the Defendant sent a phone call to the Victim F, thereby making it impossible for the Defendant to use the bonds so that it can not be used for the interest, and 30 million won of the full payment.

As the victim refused this, she borrowed only KRW 3 million, “Abreh to find clothes in the G of the G of the G of the Gyeong-gun operated by the victim.” The victim made a false statement that he/she is entitled to receive money from his/her relative who is his/her employee, and that he/she will receive money for lease on a deposit basis for his/her home.”

However, in fact, the defendant had not reached KRW 50 million and had not been able to repay other debts with money borrowed from many people, so even if he/she borrowed money from the victim, he/she did not have an intention or ability to repay it.

The Defendant received 1.5 million won from the victim to the account of community credit cooperatives of the Defendant at around 18:25 on the same day.

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

Summary of Evidence

[2013 Highest 153]

1. Defendant's legal statement;

1. Statement to C by the police;

1. A copy of a complaint, a copy of a passbook, and an investigation report (the report on the confirmation of the details of loans extended by the victim).