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

Punishment of the crime

1. On December 29, 2011, at “C” coffee shop located in Gangnam-gu Seoul, Gangnam-gu, Seoul, the Defendant: (a) lent KRW 2.5 million to the victim D on a notarized loan; and (b) made a false statement to repay the loan without molding two months after the loan.

However, even if the defendant borrowed money from the damaged party, the defendant did not have the intention or ability to repay it.

The Defendant, as such, by deceiving the victim, received 2.5 million won from the damaged party.

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

2. On February 27, 2013, around 01:30, the Defendant used computers, etc.: (a) at the house of “F” located in Gangnam-gu Seoul, Gangnam-gu, Seoul; (b) withdrawn one million won from the victim G to the debit card of a national bank owned by the Defendant; and (c) received a debit card under the victim’s name upon the victim’s request from the victim G to withdraw one million won from the debit card of the national bank owned by the Defendant; (b) at the time of the automatic withdrawal of cash located in H branch of a neighboring national bank, the Defendant arbitrarily transferred the said debit card to the I bank account of the Defendant’s name; and (c) at the same time, deposited the password into the I bank account of the Defendant’s name; and (d) withdrawn three million won in cash from the automatic withdrawal machine located in the same old Samsungdong.

Accordingly, the defendant acquired financial benefits equivalent to 19 million won in total by inputting and altering information without authority in the data processing device, such as computer, etc.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to D or G;

1. Each complaint filed, a certificate of seal imprint, a family relation certificate, a resident registration card, a proxy certificate, a copy of a bankbook, a copy of a bankbook, and the confirmation of the accident;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions of the Criminal Act, Article 347(1) of the Criminal Act (the fraud point), Article 347-2 of the Criminal Act (the fraud point, such as computer, etc.), and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;