A defendant shall be punished by imprisonment for not less than two months.

Punishment of the crime

1. On March 17, 2015, the Defendant made a false statement to the victim BY office in Gangnam-gu Seoul, Seoul, and the second floor “BX office,” stating that “A victim BY may lend money equivalent to the amount possible to KRW 30 million out of the office rent, and there is a judgment ending within two weeks, which may receive KRW 1.6 billion, which may receive KRW 1.6 billion thereafter.”

However, at the time, the Defendant did not pay taxes equivalent to approximately KRW 250 million, and was in bad credit standing with approximately KRW 130 million, such as bonds. At the time, there was no pending trial in which to receive winning money of KRW 1.6 billion at the time. Since the Defendant was planned to repay the same, even if he borrowed money from the victim, he did not have the intent or ability to pay it properly.

Nevertheless, the Defendant deceivings the victim as above and received KRW 10 million from the victim to the CA bank account in the name of BZ on the same day.

2. On March 27, 2015, the Defendant concluded that “CC” in Gangnam-gu Seoul Metropolitan Government CB, “The Defendant would pay the victim with the amount of KRW 10 million,000,000,000,000,000,000,000,000 prior to the repayment of the drinking value 2.3 million.”

However, in fact, the Defendant did not have any intention or ability to pay the drinking value together with the existing loan amount of KRW 10 million, because the Defendant exceeded his/her obligation as stated in the foregoing paragraph (1) and the judgment was pending to receive the winning amount of KRW 1.6 billion within two weeks.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) had the victim pay 600,000 won out of the drinking value on the same day by proxy; and (c) around April 1, 2015, the Defendant acquired a total of KRW 2,30,000,000 from the CD’s account in the name of the CD manager to transfer the amount of KRW 1,70,000 to the CE bank account.

Summary of Evidence

1. Defendant's legal statement;

1. BY. Of the suspect interrogation protocol of the accused against the prosecution.