A defendant shall be punished by imprisonment for six months.

Punishment of the crime

1. Around September 2015, the Defendant made a false statement to the victim E, “If he/she joined a family operating system and pays 1.2 million won each month, he/she will give 36.9 million won in the last order of priority.”

However, the Defendant, at the time, had to borrow a sum of KRW 100,000 to pay interest of KRW 300,400 per month by borrowing KRW 100,000 from the neighbors, and the Defendant reported the deficit amounting to KRW 4 million per month due to the difficulty in the operation of singing and singing stores operated by himself. Therefore, even if he received money from the victimized person for the purpose of payment, the Defendant did not have the intent or ability to pay the money to the injured person

On September 30, 2015, the Defendant acquired 1.2 million won, from the time when he/she received money from the injured party to the Saemaul Treasury account (F) account in the name of the Defendant, and acquired 26.4 million won by transfer from June 27, 2017 through a total of 22 times, such as the crime list.

2. On February 19, 2016, the Defendant made a false statement to the effect that “The Defendant would pay three (3) interest, if he/she lends money, and return the principal at any time when necessary,” by posting a telephone to the said victim at a non-place.

However, the Defendant, at the time, had to borrow a sum of KRW 100 million from the neighbors and pay interest of KRW 300 to KRW 4 million each month. Since the Defendant’s operation of singing and singing stores was difficult, the Defendant did not have any intent or ability to repay even if he borrowed money from the victims.

On February 19, 2016, the Defendant received KRW 10 million from the injured party to the community credit cooperative account (G) in the name of the Defendant, as the borrowed money, and received KRW 7 million on April 27, 2017, and KRW 3 million on June 3, 2017, and acquired KRW 20 million in total under the same name.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E.