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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

Around January 25, 2016, the Defendant made a false statement to the victim E from a head of Nowon-gu Seoul Central Government (Seoul Central Government) that “A father would pay money without molding until May 15, 2016, if he/she borrowed operating expenses to perform brain surgery.”

However, the Defendant did not have any intent or ability to repay money, even if he borrowed money from the injured party, because most of the money borrowed from the injured party above 60 million won without any special property, was thought to be used for the repayment of the existing debt.

Nevertheless, on January 26, 2016, the Defendant received KRW 24 million from the injured party to the corporate bank account in the name of the Defendant on the same day.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A fair deed of bills;

1. Determination on the Defendant’s assertion of Internet banking details

1. At the time of borrowing money from the victimized party, the Defendant notified the injured party that he/she would borrow money in addition to his/her father’s surgery, as well as from various aspects, such as raising business funds.

The argument is asserted.

However, in light of the economic situation of the victim and the fact that the victim lent money at a high rate from the lending company to the defendant as a result of the comprehensive examination of the above evidence, it is recognized that the defendant used it as the father's urgent operation expenses and borrowed money by deceiving the victim, so this part of the defendant's assertion is without merit.

2. The Defendant had an intention or ability to repay money from the damaged person at the time of borrowing the money from the damaged person.

The argument is asserted.

However, the circumstances acknowledged by the evidence duly adopted and examined by this court, namely, ① the defendant used the victim for performing his/her personal debt with his/her father's operating expenses, ②.