A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

1. On April 20, 2016, the Defendant: (a) told the Victim AC to the effect that “If the Defendant borrowed KRW 10 million as he/she is urgently required to pay money with respect to sports facilities within the D University, the principal shall be repaid within one to three months.”

However, at the time of fact, the Defendant did not have any special property and did not have any intent or ability to pay in time the money borrowed from the victim, unless he/she did not repay the money with the credit card loan loan debt of KRW 20 million, corporate bonds of KRW 170 million, and corporate bonds of KRW 170 million, in the absence of operating expenses, such as the remuneration for employees of the restaurant operated.

Nevertheless, the defendant deceivings the victim as above and acquired 9.5 million won by transfer from the victim.

2. On October 17, 2016, the Defendant: (a) stated in the preceding paragraph by telephone at a place where it is impossible to identify a place where a police officer was located on October 17, 2016; and (b) stated in the preceding paragraph to the effect that “the Defendant would pay KRW 10 million prior to borrowing KRW 20 million to the victim; (c) would offer a deposit of a restaurant operated under the name of the wife as security.”

However, at the time of fact, the defendant did not have any intent or ability to pay the monthly amount of money even if he borrowed money from the victim, as described in the preceding paragraph, because the above restaurant operation was difficult.

Nevertheless, the defendant, by deceiving the victim as such, received the remittance of KRW 19 million from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. AC’s legal statement;

1. Application of Acts and subordinate statutes to a statement of remittance transactions, a copy of borrowed certificate, lease contract or investigation report (Attachment Report, etc. by a suspect A's judgment);

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

1. The reason for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act among concurrent offenders, the age, character and conduct, the environment and the means of committing the crimes.