If the defendant fails to pay the above fine, 50,000 won shall be one day.

1. On December 2, 2009 and March 31, 2010, the defrauded Defendant did not have any money in 2009, and even if he borrowed money from another person in excess of KRW 20 million, there was no intention or ability to repay the said money.

On December 2, 2009, the Defendant posted a telephone to the victim C at an infinite place, and said, “I would soon repay within the time limit of 2 million won”. The Defendant received from the victim a deposit of 2 million won in the name of the borrowed money on the same day.

B. On March 31, 2010, the Defendant posted a telephone to the above victim at an infinite place, and said, “to repay the above KRW 3 million at a prompt time,” and that in this context, the Defendant received from the victim a deposit of KRW 3 million in the name of the borrowed money on the same day and acquired it by defrauded.

2. On January 21, 2011, the Defendant: (a) delegated the victim to purchase “Scheon-si E and one parcel of land, F apartment, 413 Dong 304” owned by the said victim at an unsound place on January 21, 201; (b) entered into a contract with D to purchase the said apartment from the said D with the said victim; and (c) entered into a contract with D to purchase the said apartment from the said D with the said victim at KRW 68 million; and (d) the fact that the Defendant paid the said D as the down payment to the seller, despite the fact that the Defendant paid KRW 6,80,000 to the seller, “(9,80,000,000 won is paid to the seller as the down payment)”; (c) the Defendant received KRW 9,80,000 from the victim and deposited the said KRW 6,80,000 among them to the seller, and acquired the remainder of KRW 3 million by arbitrarily using the Defendant’s money.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Application of Acts and subordinate statutes to inquiries about details of transactions, apartment sales contracts, receipts (18 pages of investigation records), certificates, and cell phone messages;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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