A defendant shall be punished by imprisonment for not less than eight 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. On December 21, 2017, the Defendant sent a phone call to the victim B, and made a false statement to the effect that “If the business fund is extended to KRW 20 million, it shall be repaid immediately, if the business fund is urgently required.”

However, the Defendant did not have any intent or ability to pay the amount even if he borrowed money from the victim, as the credit card was in arrears and the Defendant did not receive and return the cash service with the credit card at the time, and bears approximately KRW 100,000,000, such as the unpaid amount of various taxes and credit card payments.

Nevertheless, the Defendant, by deceiving the victim as such, obtained money from the victim to the Nonghyup Bank account (C) in the name of the Defendant on the 22th day of the same month under the pretext of borrowing from the victim.

2. On January 2018, the Defendant sent a phone call to the victim B, thereby making a false statement to the effect that “The Defendant shall adjust the pay for employees with convenience points and the overdue credit card payment to the corporation, but the lending of KRW 20 million is changed.” On February 2, 2018, the Defendant made a false statement to the effect that “in addition, it is necessary to additionally pay the unpaid national and local taxes, KRW 20 million,00,000,000,000,000,000,000,000,000,000,000,000,000

However, at the time, the Defendant was in a situation where the Defendant received cash service using a credit card due to the overdue payment of credit card, and was responsible for the debt amounting to KRW 100 million, such as the unpaid payment of various taxes and credit card bills, and there was no intention or ability to repay the debt even if he borrowed money from the victim.

Nevertheless, on February 6, 2018, the Defendant, by deceiving the victim as such, received 40 million won from the victim to the NongHyup Bank (C) account in the name of the accused and acquired it through money borrowed from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Second police suspect interrogation protocol against the accused (including the victim B substitute part);

1. B.