A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The Defendant had no particular property and had no obligation of 2.1 million won or more per month on the wind of making property blurging, and thus making it difficult for the Defendant to live. Moreover, even if the Defendant borrowed money from the victim E, the Defendant was planning to use it as money for gambling, and thus, there was no intention or ability to complete payment.

1. On February 27, 2009, the Defendant made a false statement to the effect that “The Defendant shall pay the victim E any bonds that the husband has to pay in the situation of being hospitalized in the hospital, which is due to the husband’s hospital expenses and corporate bonds.” The Defendant shall lend KRW 15 million to the husband’s hospital expenses and corporate bonds. The principal shall be repaid after the month.”

However, in fact, the husband of the defendant did not have been hospitalized in the hospital and did not have any intention or ability to complete payment even if he borrowed money from the victim for the above reasons.

Nevertheless, the defendant was obtained on March 1, 2009 from the victim and acquired the money by deceptiveation.

2. On March 2009, the Defendant made a false statement to the effect that “If a person lends money to another person, he/she will lend it to him/her, he/she will receive interest by lending it to another person.”

However, for the foregoing reasons, the Defendant did not have any intent or ability to complete the payment even if he borrowed money from the victim.

Nevertheless, the Defendant acquired the total of KRW 10 million from the victim on March 11, 2009, KRW 5 million on March 13, 2009, KRW 24 million on April 13, 2009, KRW 1800,000 on April 13, 2009, KRW 180,000 on July 4, 2009, KRW 2 million on August 10, 2009, and KRW 12.6 million on August 27, 2009.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E and H;

1. Statements made by witnesses E and H in the third protocol of trial;

1. A loan certificate or a certificate of personal seal impression;

1. Application of Acts and subordinate statutes of a detailed statement of transactions, passbook copy, and specification of transactions;

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