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

Punishment of the crime

1. On August 4, 2011, the Defendant made a false call to the victim D, who is a branch in the office of the “CKa Center” office located in Jung-gu, Busan Metropolitan City, and “I will pay the loan to the lending company, on the ground that the business fund is needed, and the lending of the business fund is made by the lending company.”

However, at the time, the Defendant had been thought to use the money borrowed with the guarantee of the complainant for the repayment of the above debt even when the interest on the existing debt was not paid even when the Defendant had already been in excess of the debt, and there was no other intent or ability to repay the borrowed money to the complainant as stated.

On the same day, the Defendant: (a) by deceiving the victim; (b) caused the victim to obtain a loan of KRW 12,00,000 from a credit business company (State) Dong-U.S. loan; (c) “State-U.S. loan”; and (d) “U.S. loan of KRW 12,00,000 from a State-U.S. loan”, the Defendant got the victim to guarantee the debt; and (d) caused the victim to repay the loan on behalf of the victim, thereby obtaining pecuniary benefits equivalent to the amount of the loan.

2. Around September 19, 2011, the Defendant made a false call to the victim at the above “Ck Center” office, stating that “A person shall pay off with high interest within one month if he/she lends money to the victim for the foregoing wacker’s business fund.”

However, at the time, the Defendant had been thought to use the money of the complainant for the repayment of the above debt due to the lack of money in paying the interest on the existing debt, and there was no other asset or profit, and there was no other intent or ability to repay the borrowed money to the complainant as stated.

The Defendant, as such, deceiving the victim and received a total of KRW 1,532,493 from the victim through the account in the name of the Defendant on the same day.