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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. Around February 25, 2009, the Defendant made a statement to the effect that “The Defendant, at the Defendant’s house located in the vicinity of the Gangnam-gu Seoul Metropolitan Government C University, the victim B lent a loan of KRW 20 million to the son, who had a 6-household building D, and a lease contract prepared with the son, who had a son’s building with a 6-household building, as security.” The principal shall be repaid within one year.

However, the Defendant was registered as a bad credit holder around that time, and was rapidly higher than 50 million won to prevent the occurrence of debt, including bonds, and thus, the Defendant did not have any intent or ability to repay the money at the time of borrowing it from the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 20 million from the victim on the same day.

2. On November 13, 2009, the criminal defendant against the victim E told the victim E to pay all of the money with no money until the end of February 2010 at the same place.

However, in fact, the Defendant did not have any intent or ability to repay the money even if it was borrowed from the victim, because the Defendant was rapidly forced to prevent the repayment of the money as referred to in the preceding paragraph.

Nevertheless, the Defendant, by deceiving the victim as such, received a total of 6 million won from the victim to the new bank account (G) of F on the same day, 3.9 million won on the 14th day of the same month, around 5 million won on the 18th day of December of the same year, around 200 thousand won on the 30th day of the same month, around 30 billion won on the 30th day of the same month, around 1 million won on January 21, 2010, and KRW 20 million on the 25th day of the same month.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of B and E;

1. Application of Acts and subordinate statutes to a copy of passbook who remitted the amount of damage;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 of the Criminal Act: