A defendant shall be punished by imprisonment for four months.

Punishment of the crime

around August 3, 2009, the Defendant stated that “A business is being promoted by the victim X in Yeonsu-gu Incheon Metropolitan City, and the Defendant loaned money to the victim at the latest by August 25, 2009.”

However, in fact, the Defendant borrowed money from the other party, but failed to pay more than one billion won, and the real estate in the name of the Defendant and his father was also difficult to dispose of due to auction, so there was no intention or ability to pay the money properly at the time of promise.

In addition, the defendant was thought to use most of the above money from the victim as living expenses, etc.

The Defendant, by deceiving the victim as above, received 24 million won from the victim to the account of the defendant on the same day, and acquired it by deception.

According to the evidence duly adopted and examined in this court, even if the defendant borrowed money from the victim at the time, he thought that he did not have the intent or ability to repay the money properly and used it as living expenses, etc. However, it is necessary to conceal and cover the money temporarily, and it is possible to repay the money without any problem with business profits, etc., and it is sufficiently recognized that the defendant acquired the above money from the victim.

① The victim appeared as a witness in this court, and the victim merely stated that he would have repaid money to the Defendant from August 25, 2019 when the Defendant borrowed money, and there was no statement to the effect that economic situation is difficult. Rather, the Defendant showed a broad office operated by the Defendant at the time of the Minister of Agriculture, Food and Rural Affairs and neglected his ability. As such, the Defendant had considerable economic ability at the time of work.