Defendant shall be punished by imprisonment for a term of one year and six months.

Punishment of the crime

On March 2, 2014, the Defendant issued a false statement to the Defendant, “D” (hereinafter “D”) by the C Partnership located in Busan Shipping Daegu, Busan, and the Defendant’s wife E (hereinafter “C”) on the part of the Defendant’s wife, stating that “I am within KRW 20 million in deposit, KRW 60 million in premium, KRW 80 million in total, and KRW 70 million in premium, and KRW 60 million in premium.”

However, the above mobile phone sales store is owned by G, not the defendant, and the defendant did not have the direction to transfer the above mobile phone sales store to the victim, and the defendant thought that he would use personal debt repayment, etc. with money from the victim, so even if he received money from the victim, he did not have any intention or ability to transfer the above mobile phone sales store to the victim.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) transferred KRW 40 million to the account in the name of the Defendant around March 3, 2014 as the price for the transfer of the aforementioned mobile phone sales store from the victim; and (c) on March 15, 2014, the victim transferred the bond of KRW 20 million out of the deposit return claim of KRW 35 million to H, a credit service provider, and had the victim borrow the bond of KRW 20 million from H, as the price for the transfer of the mobile phone sales store; and (d) received the money from H as the price for the transfer of the mobile phone sales store.

Accordingly, the defendant, by deceiving the victim, obtained a total of KRW 60 million from the victim and acquired it by fraud.

The Defendant, on December 2013, 2013, lent money to the Victim K as the cost of mobile phone sales store operation from the Seocho-gu, Busan, the Defendant, at the Seocho-gu, Busan, to pay KRW 2,00,000 per month.

A false statement was made.

However, in fact, the defendant has to pay the existing debt according to the personal rehabilitation procedure at the time, and the credit rating of the defendant is not higher than 9, and the income of the company operated under the circumstances where it is difficult to obtain a loan from the financial right due to bad credit rating, is not less than the maintenance cost for the monthly salary