A defendant shall be punished by imprisonment for six months.

Criminal facts

On August 30, 2015, the defendant was tried in a criminal case against the victim B, and there is a need for money to be used as a settlement.

If a person lends money, he/she will pay the money immediately.

“Along with the false statement, I received KRW 23,00,000 from the victim to the bank account in the name of the Defendant C on the same day from the victim and received KRW 28,500,000 in total on four occasions from around that time to October 6, 2015, as shown in the list of crimes in attached Table.

However, in fact, the defendant did not have certain incomes at the time and did not have any intent or ability to pay in full even if he borrowed money from the injured party, as well as to pay in excess of 30,000,000 won in E banks and other financial institutions.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the witness B in the second public trial protocol;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the prosecutor with respect to B;

1. Some statements made against the defendant during the police interrogation protocol;

1. One-time protocol concerning the examination of the police suspect against F (including the part concerning the statement in B);

1. To describe some of the statements in the second police interrogation protocol against F (including the statements made by B and each of the defendants);

1. Each deposit receipt (Evidence No. 2), and data submitted by the complainant (Evidence No. 5);

1. Application of Acts and subordinate statutes to investigation reports (informating a copy of the F indictment for a crime), investigation reports (report on the results of execution of a warrant of search and seizure of financial accounts);

1. Determination as to the assertion by the Defendant and the defense counsel regarding the pertinent Article of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts and the selection of punishment ( comprehensively including imprisonment)

1. The summary of the argument is that the defendant did not deceiving the victim of the economic ability of the defendant, etc., and the victim has lent money to the defendant with the sufficiently recognized economic ability of the defendant.