A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Punishment of the crime

On January 3, 2018, the Defendant made a false statement to the victim that “it is not sufficient to make an investment in real estate.” If the Defendant borrowed KRW 5 million from the victim’s currency to the real estate, the Defendant would repay the principal to the Plaintiff with interest of KRW 500,000,000,000, around May 23, 2018.”

However, in fact, the Defendant was unable to repay the loan from other financial companies, and the credit rating was very high to 7th degree, and there was no intention or ability to repay the loan from the victim, since it was thought that the Defendant would consume the loan due to living expenses and debt repayment, and there was no plan to invest in the real estate.

The Defendant received a total of KRW 42,200,000 from the victim to June 25, 2019, a sum of KRW 5,000,000,000 from the victim’s account (Account Number D) in the name of the Defendant, as shown in the separate crime list, from around that time to June 25, 2019.

Accordingly, the defendant was given property from the victim by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Inquiry into the details of each deposit transaction, each E-based preferential loan, each E-based preferential loan, each certificate of loan interest status, his/her financial transaction (gold), each transfer certificate, each additional evidence submission (Evidence No. 4), the details of each financial account transaction, and the application of Acts and subordinate statutes governing credit information history;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of applicable sentences under law: Ten years from imprisonment to imprisonment;

2. Scope of recommending a punishment according to the sentencing guidelines [the range of recommending a punishment] below KRW 100 million for fraud crimes (a person subject to special mitigation] below KRW 100 million for punishment (the scope of recommending punishment] from 1 year to 1 year for imprisonment.

3. The defendant who is sentenced to a sentence shall have several types of victims while he/she does not have the intention or ability to repay the borrowed money;