A defendant shall be punished by imprisonment for six months.

except that 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 April 2, 2012, the Defendant made a false statement to the victim E at a “D” restaurant located in Asan-si, Asan-si, stating that “F will transfer a claim of KRW 100 million of a deposit for lease deposit to the victim E, if any, with a loan of KRW 100 million.”

However, at the time of fact, the Defendant had a debt worth approximately KRW 150 million due to gambling debts and bonds, etc., and the lease deposit of the said F agency was made in the name of the Defendant’s wife, and thus, the Defendant was not able to dispose of at will, and there was no intention to actually transfer his/her claim, and there was no other property in the Defendant’s name, and there was no intention to actually transfer his/her claim. In addition, there was no other property borrowed from the victim for gambling, and there was no intention or ability to repay the loan even if he/she borrowed money from the victim.

Nevertheless, the Defendant concealed the above facts and received KRW 10 million from the victim’s account under the name of the Defendant on April 2, 2012, using false statements to the victim, and KRW 13 million from the said account on April 4, 2012, and KRW 77 million from the Defendant’s wife’s agricultural account (I).

2. On April 16, 2012, the Defendant made a false statement to the victim, stating, “If he/she lends the card payment amount to the victim, he/she will make payment after using only one week.”

However, as stated in the above Paragraph 1, the Defendant did not have any intent or ability to repay the borrowed money from the victim.

Nevertheless, the Defendant received 4 million won from the victim to the Agricultural Cooperative (G) account in the name of the Defendant and acquired it by fraud.

3. On November 22, 2012, the Defendant made a false statement to the victim stating, “If the Defendant lends three million won to pay the card price to the victim, at the latest, until June 30, 2013, the Defendant would repay the entire amount of the credit borrowed money to the victim.”

However, the defendant's above 1.