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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On November 9, 2010, the Defendant made a false statement to the victim B at the coffee shop in Yeongdeungpo-gu Seoul Metropolitan Government, stating that “If he/she lends money in good faith, he/she will pay the monthly interest, and the principal will be repaid without a mold of five months after the loan.” However, the Defendant was urged from September 2009 to March 201 to pay the amount equivalent to KRW 10,000,000,000 borrowed money from the Plaintiff, such as C, on the ground that he/she received credit card loans in an amount equivalent to KRW 17,00,000 from the Korean bank, the National Bank, etc. to repay the said debt, and there was no intention or ability to pay the said money to the victim on the fixed date of the agreement. The Defendant deceiving the victim, and the Defendant received the money from the victim under the name of the Defendant’s own account in the name of 17,000,000 won under the name of the Defendant’s own account.”

However, the Defendant was urged from September 2009 to March 2010 to pay the amount equivalent to KRW 17 million borrowed from the Plaintiff, such as C, by investing in the Compact stocks, and had been urged by the Defendant. In order to repay the said debt, even if the Defendant borrowed the said money from the victim, there was no intention or ability to pay it on the agreed date even if he borrowed the said money from the victim.

Nevertheless, the Defendant deceivings the victim and received 10 million won from the victim to the national bank account under the name of the Defendant on the same day under the pretext of borrowing money.

3. The Defendant on March 10, 201