A defendant shall be punished by imprisonment for six 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. Around March 2009, the Defendant committed the crime of March 2009, the Defendant made a false statement that “Around March 2009, if he/she lends KRW 5 million to the victim B, he/she shall make an investment on the auction day, thereby giving interest of KRW 200,000 per month, and he/she shall pay the principal after three months. In addition, the Defendant made a false statement that he/she has the security deposit of KRW 80,00,000 in the E Apartment-si, Kimhae-si, with the security for the key money.”

However, the defendant did not have any income at the time, and the above E Apartment concluded a contract of KRW 10,000,000 monthly deposit of KRW 700,000 in 207, but did not properly pay monthly rent or at around that time, and there was a lack of living expenses, and there was a lack of living expenses, and the auction date was not clear, and thus, the defendant paid interest of KRW 200,000 per month and did not have any intention or ability to pay the principal after three months.

Nevertheless, on March 31, 2009, the Defendant acquired 5 million won from the victim’s H bank account in the name of G used by the Defendant and acquired 5 million won.

2. Around April 2009, the Defendant made a false statement to the above victim stating that “Around April 2009, the Defendant shall lend KRW 20 million to the said victim, i.e., KRW 1 million per interest per month, and shall pay the principal.”

However, the defendant did not have the intention or ability to pay the principal and interest to the victim as stated in Paragraph 1.

Nevertheless, on April 17, 2009, the Defendant received 18.2 million won from the victim’s account in the above G name, and 1.8 million won in the same account on April 20, 2009, and acquired 20 million won in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes concerning specification of transactions;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.