A defendant shall be punished by imprisonment for six 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

1. On November 28, 2017, around November 28, 2017, the Defendant made a false statement to the effect that, in the residence of the victim D, the land located in the Yasan City B building and the land located in subparagraph C, the Defendant would repay the principal after six months if he/she lent money to the company where his/her husband and wife are located in Daejeon, and that, if he/she borrowed money to the company where his/her husband and wife are located in Daejeon, he/she would repay the principal after six months.

However, in fact, the Defendant was in bad credit standing at the time, and was liable for personal debt worth KRW 30 million. The Defendant was transferred from the victim, and was used as so-called “debrising” for the Defendant’s repayment of the Defendant’s existing debt, etc., and thus, there was no intention or ability to return KRW 10 million to the victim after six months from the due date.

Nevertheless, the Defendant received from the victim the money of KRW 10 million from the Korean Newcom Bank account (E) in the name of the Defendant on the same day.

2. On January 4, 2018, the defrauded made a false statement to the effect that “Around January 4, 2018, the Defendant would repay the principal one month after the lapse of one month if the said victim D requires security deposit for a residence living in the Republic of Korea, and if the money is insufficient, the principal would be repaid after one month.”

However, the Defendant had been in bad credit standing at the time, and the Defendant had an individual debt worth KRW 30 million, and there was no intention or ability to return 4 million to the victim again after one month from the due date, since the Defendant was planned to use the so-called “defluence” for the purpose of paying the Defendant’s existing debt after receiving 4 million won from the victim.

Nevertheless, the defendant received 4 million won in cash from the victim on the same day, and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Details of entry and withdrawal transactions, accusation, details of deposit transactions, and detailed statement;