A defendant shall be punished by imprisonment for four 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 September 19, 2017, the Defendant made a false statement to the victim C, stating that “I will use 10 million won and return the money if I want to use c in return for a d sports horse located in the area of the operation of the victim C, which is located in the Nam-gu Busan Metropolitan Government.”

However, in fact, the Defendant thought that he was able to repay the debt to E with the money borrowed from the victim, was liable for the debt of several million won at that time, did not have any occupation or special property, and the Defendant did not have any possibility of being paid as the malicious credit. Therefore, even if he borrowed money from the victim, there was no intention or ability to pay the debt.

The Defendant, as such, by deceiving the victim, received nine million won from the victim to the F Bank account in the name of E designated by the Defendant on the same day.

2. On November 10, 2017, the Defendant made a false statement to the victim that “The Defendant shall deposit KRW 80 million in the name of a criminal agreement” with the victim at the place specified in paragraph (1) at the place, which reads that “it shall be repaid within two to three days.”

However, in fact, the Defendant thought to use money for personal purposes, such as living expenses and fraternitys, from the victim, and did not think that money was used as a deposit. At the time, the Defendant was liable for the obligation of several million won, and there was no occupation or special property, and the Defendant’s claim did not have any possibility of being paid as a malicious claim. Therefore, even if the Defendant borrowed money from the victim, the Defendant did not have any intent or ability

As such, the Defendant, by deceiving the victim, was transferred from the victim to the F Bank account in the name of G designated by the Defendant, KRW 9.5 million around November 10, 2017, and KRW 2.8 million around December 8, 2017.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Application of Acts and subordinate statutes concerning specification of transactions;

1. Article 347 of the Criminal Act applicable to the crime and Article 347 of the choice of punishment.