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 became final and conclusive.

Punishment of the crime

1. From around January 2007 to around January 2008, the Defendant stated that “The Defendant: (a) the victim C (n, 65 years old) sent to the sunken unit D and was employed in Samsung; (b) the doctor’s degree was applied to the United States; (c) half of the expenses was replaced by the Samsung Research Institute; and (d) the remainder should be replaced by the parents.”

However, there was no fact that the defendant's son did not receive a doctor's degree in the U.S., and it was thought that the defendant's son borrowed money as above and was paid as a deposit of the number fraternity in which the defendant joined.

The Defendant, as above, by deceiving the victim as above, received a total of KRW 10 million from the victim as the loan money several times.

2. Around June 20, 2009, the Defendant acted as if he faithfully pays the fraternity from the victim’s house located in Seocheon-gu, Seocheon-gu E, Seocheon-gu E, and opened two accounts of 5 million won in the fake number system organized by the victim.

However, since there was no particular property or monthly income at that time, there was no ability to pay the fraternity even if it received the fraternity.

On July 20, 2009, the Defendant, by deceiving the victim as above, received a total of KRW 10 million from the victim as a guidance for two accounts around July 20, 2009.

3. On September 2009, the Defendant concluded that “Around September 2009, the Defendant would lend money to the victim C with a loan to the Plaintiff.”

However, due to no particular property or monthly income at the time, there was no ability to repay the money even if it was borrowed.

The Defendant, as above, by deceiving the victim, received a total of KRW 10 million from the victim as a loan.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the accused by the prosecution (including the C’s statement);

1. Application of Acts and subordinate statutes of police statement protocol to C

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Article 37 of the Criminal Code among concurrent crimes.