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 this judgment becomes final and conclusive.

Punishment of the crime

1. On August 10, 2009, the Defendant made a false statement to the effect that “A” calls from the victim C to the effect that “A” was unable to receive money from another person, and that, if the cost of attorney appointment is required to pay KRW 10,000,000 of the cost of attorney appointment, the Defendant would receive the time-to-paid money after one month even if he/she did not repay or win the case.”

However, in fact, at the time of the Seoul Central District Court's criminal trial, it was planned to use the money borrowed from the victim as the cost of appointment of a counsel in a criminal trial, not civil lawsuit. Even when receiving the time limit money, it was planned to pay the money to the customer of the clothes operated by the defendant at the time, so even if the money was borrowed from the victim, there was no intention or ability to pay it in time.

Ultimately, on August 10, 2009, the Defendant acquired 9650,000 won from the Defendant’s bank account through E under the pretext of borrowing from the victim.

2. On December 15, 2009, the Defendant made a false statement to the effect that “There is a reliable auction to which public officials belong, and will repay 15 days after lending money.”

However, there was no auction conducted by a public official as above at the time of fact, so even if the defendant received money from the victim, he did not have the intent or ability to pay the money at the time of the auction.

After all, on December 15, 2009, the Defendant transferred KRW 10 million to the Defendant’s bank account through F in the name of borrowed money from the victim, and acquired KRW 20 million through the Defendant’s agricultural bank account on January 20, 2010.

3. On April 1, 2010, the Defendant called the above victim on phone and purchased vessels to pay off money during that period, and additionally lent KRW 30 million.