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

Punishment of the crime

1. On December 2009, the Defendant made a false statement to the Defendant that “When he/she loans KRW 100,000,000 to the victim C to get off an office selling horse tickets, he/she will pay interest of KRW 20,000,000 per month.”

However, in fact, the Defendant did not have any special property or income, and was thought to purchase illegal private right with the above borrowed money, and thus there was no intention or ability to repay the borrowed money even if the Defendant borrowed money from the victim.

Nevertheless, around February 5, 2010, the Defendant received KRW 100 million from the victim to the Agricultural Cooperative (E) account in the name of D (the name of the Defendant prior to his/her opening name) under the name of the Defendant.

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

2. On August 20, 2010, the Defendant made a false statement that “The Defendant may pay the victim C money borrowed from the 100 million foot to the 100 million foot to the son only once, which is different from one another. The f may also pay the said money. If the f join the accounts operated by the F and borrowed 10 million won to the f, the Defendant would pay the money in lieu of every month. I wish to put these G into a surety.”

However, in fact, the Defendant did not have any special property or income, and was 20 million won or more of the personal debt, and was willing to use the loan in repayment of the existing debt, and thus there was no intention or ability to repay the loan even if he borrowed money from the victim as above.

Nevertheless, on August 20, 2010, the Defendant received KRW 8 million from the victim to the Agricultural Cooperative (E) account in the name of D as a loan, from the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to C;

1. Promissory notes, notarial deeds, cash storage certificates, deposit records, copies of passbooks, deposits without passbooks, and deposits;