A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

[Criminal Power] On February 19, 2013, the Defendant was sentenced to a suspended sentence of three years on May 20, 2013 by imprisonment with prison labor and six months at the Seoul Central District Court on February 19, 201, and the said judgment became final and conclusive.

【Criminal Facts】

1. "2013 Highest 3308";

A. On July 31, 2009, the Defendant made a false statement to the victim E at a company bank located in Guro-gu Seoul Metropolitan Government, stating that “I will pay back if I lend KRW 10 million to the victim E.”

However, the defendant did not have any intention or ability to repay even if he borrowed money from the victim because there is no particular property or income with bad credit.

As such, the Defendant, by deceiving the victim as above, applied for permission of modification of the indictment by correcting the same as above at the time of the public prosecutor’s application for permission of modification of the indictment on July 8, 2014 on the date of borrowing KRW 6,909,634 as borrowed money from the victim, and received the delivery that the modification of the charges was permitted accordingly.

B. On August 18, 2009, the Defendant: (a) made a false statement that “the Defendant shall pay the victim the management expenses that he had not paid by the former owner of H Hoe or the former owner; (b) if the Defendant borrowed KRW 30 million, the Defendant would refund the borrowed money as he leases the services; and (c) made a loan certificate in the name of H reasons or the owner of H, who is the first owner.

However, the defendant did not have the intent or ability to repay the loan even if he borrowed money from the victim due to the lack of particular property or income with bad credit standing. Since he invested in the above private loan with I and was awarded a private loan in the name of I, the defendant was not entitled to pay the loan with the service deposit of the above private loan, and the above I's loan certificate was forged by the defendant.

Accordingly, the defendant deceivings the victim as such, and is only 30 million won on the same day from the victim.