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

Punishment of the crime

On January 2012, the Defendant, at the victim E’s house located in Bupyeong-gu Incheon D apartment 221 Dong 501 Dong-gu, Bupyeong-gu, Incheon, 2012, concluded that “The Defendant would pay a large amount of profits if he/she imports and sells Oralba, and if he/she lends money, he/she would repay the principal together with a sufficient case where he/she will engage in a business for 5 to 6 months.”

However, in fact, around December 201, the amount of KRW 60 million from F, KRW 30 million from G, KRW 50 million from H, and KRW 34,000 from H imported from approximately 50 million, and as the F was urged to repay the debt from H, the victim was trying to pay the debt. In addition, the victim was required to pay the debt of KRW 100 million from the victim, and due to the need to pay the interest of KRW 2,00,000 per month, and there was no intention or ability to pay the victim's money from another person.

On February 7, 2012, the Defendant, by deceiving the victim, received 70 million won as the borrowed money from the victim and acquired it by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each prosecutor's protocol of examination of the accused;

1. Legal statement of witness E;

1. Application of written confirmation of details of transactions, bankruptcy and application for immunity;

1. The defendant asserts to the effect that he did not deceiving the victim because he had the intention and ability to repay, at the time of committing the instant crime, the pertinent legal provisions on criminal facts, Article 347(1) of the Criminal Act, and the judgment on the argument of the defendant and his defense counsel.

However, in full view of the above evidence, the Defendant is obligated to lend KRW 30 million from G prior to borrowing money from the victim, KRW 40 million from F, and KRW 50 million from H, and KRW 120 million in total, prior to borrowing money from the victim.