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

On September 3, 2009, the Defendant made a false statement to the victim C, stating that “I would pay money by auction, but I would like to lend more than 5 million won to the bank, and I would like to pay money immediately if I would talk only before a month.”

However, in fact, the Defendant had no intention or ability to use or pay for the auction bidding even if he/she borrowed money from the victim, because he/she did not have any specific property at the time and did not engage in any auction-related work.

As a result, the Defendant received KRW 5 million from the victim on the same day as the borrowed money, and acquired the money by taking over KRW 32,200,000 from April 20, 2009 to February 8, 201, including the payment of KRW 10,000 from April 20 to February 20, 201.

Summary of Evidence

1. Partial statement of the defendant;

1. C Witness’s testimony;

1. Second prosecutor's protocol of examination of the accused;

1. The defendant and his defense counsel acknowledged the fact of borrowing money and argued that the borrowed money is different from the facts of the crime. However, the victim stated consistently to the investigation agency and the court until this court, and the defendant also made a statement in compliance with the facts of the crime (see the second prosecutor's protocol of interrogation of the suspect by the prosecutor's office against the defendant). This part of the statement is without merit, and it is argued to the effect that the defendant had the intent and ability to repay to the defendant. However, the defendant was also liable with the liability of 37 million won, in particular, since April 2008, the defendant did not pay the health insurance fee and did not pay the credit card, and the defendant also has the ability to repay it by force.