A defendant shall be punished by imprisonment for one year.

Punishment of the crime

Around January 25, 2016, the Defendant stated that “a business is maintained so far. The parent may not speak, and the parent will not be at issue with interest and principal on the face of the loan received in the four names.” The Defendant, at the coffee shop located in Daegu Suwon-gu B, said that “a loan of KRW 10 million is made from D on the same day from the victim who believed the end of the loan, and received KRW 9.4 million out of the money as a check.”

However, at the time, the Defendant was in a situation in which it was difficult for him to operate the clothes with his mother-do because he was almost unable to import the clothes in Jeju-do, and the health was not good, and the Defendant paid sick leave to the company. Even if he borrowed money from the victim, the Defendant did not have the intent or ability to pay the interest and principal of the money that he received from his mother-do at the time of payment.

As such, the Defendant, by deceiving the victim, received KRW 9.4 million from the victim, and acquired KRW 118.4 million in total on four occasions from the above date to December 2, 2016, as shown in the annexed crime list, and acquired it by deception.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to loan specifications, details of conversation, copies of passbooks, confirmation of loan balance, written agreement on loan transactions, details of account opened, verification of the closure of business, sources verifying the use of the defendant's account, credit information reply, and sales clothes of the defendant's operation;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Determination as to the assertion by the defendant and his defense counsel under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes.