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

The Defendant made a telephone to the victim C, who was a police officer from the early December 2, 2012 to the early January 2013, 2013, or found at the E Hospital located in Seojin-gu, Seojin-gu, Seoul, where the victim was hospitalized, and then paid the credit card payment to the victim. If the card payment is not made, the bad credit holder would immediately borrow money. Furthermore, the Defendant was living at the deposit office of KRW 90,000,000,000, and the F apartment was sold in lots. The Defendant also made a false statement to the effect that the Defendant would immediately withdraw KRW 20,000 through cash service.

However, in fact, the Defendant was a person with a credit rating of eight grade and was unable to obtain a credit card under his own name, and was using a credit card in his name, and even if he did not pay the above money, there was no risk that he would be a bad credit holder, and the cash service could not receive a maximum of 2.5 million won or more.

In addition, the Defendant did not have purchased the above F apartment, but did not have a security deposit claim of KRW 90 million, and even if the Defendant borrowed the above money, it was thought to use it in a place other than the agreed purpose, such as lending the money again to another person without using it in paying the overdue card price, and thus, there was no intention or ability to repay the money even if he borrowed the money from the victim.

Nevertheless, on December 27, 2012, the Defendant received KRW 5 million from the victim to the Agricultural Cooperative Account under the name of the Defendant (Account Number H) with the loan borrowed on December 27, 2012, and received KRW 14.25 million under the same name as of January 7, 2013.

Accordingly, the defendant, by deceiving the victim, acquired the property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

1. The conditions of suspended execution are favorable among the reasons for sentencing under Article 62(1) of the Criminal Act.