A defendant shall be punished by imprisonment for one year.

Punishment of the crime

1. On October 2014, the Defendant loaned KRW 30 million to the victim D in order to operate the scrap metal business at office C located in Pyeongtaek-gun B, Pyeongtaek-gun, and if a profit accrues, he/she will give the profit and repay it until June 30, 2015.

“Finally false.”

However, in fact, the Defendant was a bad credit holder at the time and had a debt equivalent to KRW 60 million, and if a person without a name (one-person E) who trades the stolen, acquired the stolen wire, which is a stolen object, he/she purchased it from the above person without a name, and was in a plan to dispose of the above stolen object and make profits from the illegal method, and there was no plan to conduct a normal scrap metal business, and there was no intention or ability to repay the money even if it was borrowed from the injured party due to a lack of a certain income.

The Defendant, as such, by deceiving the victim, received KRW 30 million from the injured party on November 7, 2014 as the borrowed money.

2. On November 2014, the Defendant would lend the said victim a business fund of KRW 15 million to the said victim at the G next coffee shop located in Pyeongtaek-gun F, Pyeongtaek-gun around November 201.

“The phrase “ was false.”

However, since the defendant was unable to pay money economically as stated in Paragraph 1 at the time, there was no intention or ability to pay the money even if he borrowed money from the injured party.

The Defendant, as such, by deceiving the victim, received KRW 15 million from the injured party on or around December 26, 2014 as the borrowed money.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The investigation report (the sequence 14 of the evidence list);

1. Application of Acts and subordinate statutes on account transactions;

1. Relevant Article of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts, the reason for sentencing of sentence of imprisonment [the scope of recommendation according to the sentencing guidelines for the Supreme Court], the basic area (six months to one year and six months) (the decision of sentence) of the basic area (the decision of sentence).