A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

1. On March 3, 2010, the Defendant, despite having no intent or ability to repay money from the victim B even if he/she borrows money from the victim B, he/she obtained the money by phone call from the victim, stating that “the number of days to be paid is high. If he/she borrowed a bond, he/she shall pay three (3) interest if he/she lends the bond, and only three (3) months if he/she will be paid the principal, and he/she shall be paid the principal.” Accordingly, he/she received five million won from the victim to the account of community credit cooperatives in the name of the Defendant on the same day.

2. On March 22, 2010, the Defendant received KRW 15 million from the victim to the account of community credit cooperatives in the name of the Defendant on the same day from the victim and acquired it by fraud, on the following grounds: (a) notwithstanding the fact that the Defendant borrowed money from the said victim, the Defendant did not have an intent or ability to repay the money; (b) provided that “If the Defendant borrowed money from the said victim, she would have to pay 15 million won interest every month if he/she would have to repay the amount of the credit recovery amount of the Plaintiff and the bonds; and (c) provided that he/she would have paid 3 million interest every month after six months.”

3. On July 9, 2010, the Defendant received 2.1 million won from the victim to the account of a community credit cooperative in the name of the Defendant and fraudulently acquired money from the victim, on the following grounds: (a) notwithstanding the fact that the Defendant borrowed money from the above victim, the Defendant did not have an intent or ability to repay the money; (b) however, the Defendant’s phone call to the victim that “it is necessary to dispose of the store because it does not become a funeral. If 2.1 million won is borrowed, the Defendant would be repaid by disposing of the store.”

4. On July 12, 2010, the Defendant may receive from the victim the amount of KRW 100,200,000,000,000 from the corporate loan of the Fund in the Busan-gu, Busan-gu, despite having no intention or ability to repay the amount, even if he borrows the amount from the above victim.