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

Punishment of the crime

Around August 27, 2010, the Defendant made a false statement to the victim D’s house located in macro-si C, stating that “The Defendant would make him/her married to his/her own marriage and borrowed a car maintenance shop. If he/she borrowed money, he/she would make him/her repaid until August 31, 201, and he/she would give him/her KRW 300,000 per month for one year during which he/she offered and lent the F land under his/her name.”

However, the facts are that the Defendant was bad credit holders, and at the time of borrowing from G operated by the Defendant, the Defendant was in a state of reporting the enemy worth KRW 200 to KRW 3 million each month, and the Defendant had already been liable for a loan amounting to KRW 280 million, and the interest amounting to KRW 200,000 per month should be paid. Therefore, even if the Defendant borrowed money from the victim, he did not have any intent or ability to complete payment.

Accordingly, the Defendant, by deceiving the victim as above, received KRW 30 million from the victim to the Agricultural Cooperative Account in the name of the Defendant E, the same day.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused;

1. Protocol concerning the examination of each police suspect against the defendant or E;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to a complaint, cash storage certificate, copy of deposit passbook, information on completion of registration and notification on completion of registration, investigation report (verification of relative relation), and investigation report (to hearing a complainant's telephone statement);

1. Determination of the relevant Article of the Criminal Act and Article 347(1) of the Criminal Act regarding the criminal facts and the assertion of the defendant and his/her defense counsel

1. At the time of the instant case, the Defendant borrowed money with the victim’s “at the time of the instant case, as the money is insufficient to complete the construction work, to lend KRW 30 million to the victim.” The Defendant did not intend to obtain money.

2. We examine the following circumstances, i.e., the Defendant paid only 60,000 won interest for two months after borrowing money from the victim, as a whole, to the evidence duly adopted and examined by this Court, and the Defendant paid only 60,000 won interest from the victim.