A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On January 23, 2018, the Defendant was sentenced to a suspended sentence of two years in the period of imprisonment with prison labor for night building intrusion, larceny, etc. at the Cheongju District Court, and the said judgment became final and conclusive on February 1, 2018.

1. On May 2015, 2015, the Defendant stated that “The Defendant would have worked in the company and repaid one million won each month out of the salary, if he/she lent the 50 million won to the victim B at a mutually infinite coffee shop located in Geumpo-si, Geumpo-si.”

However, in fact, the Defendant had a large amount of debt owed to financial institutions, credit card companies, and loan companies, and the Defendant was willing to use the money borrowed from the victim for the “sports soil,” and thus, even if the money was borrowed from the victim, there was no intention or ability to pay the money normally.

Around June 1, 2015, the Defendant, by deceiving the victim as above, obtained KRW 30 million from the post office account in the name of the Defendant, and acquired KRW 20 million in total from the same account on June 10, 2015 to the same account on and around June 10, 2015.

2. Around June 22, 2015, the Defendant made a false statement to the victim that “I would make it difficult to punish the victim” to the victim at the D office operated by the victim in the petition-gu, Cheongju-si, Cheongju-si, that “I would make reimbursement when I would lend KRW 5 million to the victim.”

However, the defendant did not have any intention or ability to repay the borrowed money from the victim on the ground of Paragraph 1.

Around June 22, 2015, the Defendant, by deceiving the victim as above, received 5 million won from the victim to the account specified in paragraph (1) as the borrowed money and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Each certificate or a loan certificate;

1. Previous convictions: Inquiry reports, investigation reports (attached to a final and conclusive judgment of stay of execution), court rulings (referring to Articles 50 through 52 of investigation records) and application of Acts and subordinate statutes;

1. Relevant Articles of the Act concerning the facts constituting the crime;