Around 14:00 on September 2, 2013, the Defendant made a false statement to the effect that “The Defendant purchased an apartment building C at home and the intermediate payment is insufficient. If the intermediate payment is leased, the Defendant would pay three-minute interest, and would repay the principal by December 2, 2013.”

However, the facts are as follows: (a) the Defendant received monthly wage of KRW 3 million and the pension lottery prize of KRW 3.9 million at the time, and there was no particular revenue or property, and (b) the Defendant paid approximately KRW 240 million to other creditors for the total amount of KRW 2.4 million; and (c) there was a circumstance under which he paid approximately KRW 5 million to the other creditors each month; and (d) there was no intention or ability to pay the principal and interest as agreed upon, even if he borrowed money from the victim

In addition, even if the defendant borrowed money from the victim, he did not intend to use it as part of the apartment payment.

Nevertheless, the Defendant acquired financial benefits equivalent to KRW 58,40,000 in total by receiving 4.5 million won from the Defendant’s account on September 13, 2013, and 4.5 million won from June 5, 2014.

Summary of Evidence

1. Each protocol concerning the examination of the suspect against the defendant;

1. Statement of D police statement;

1. A complaint;

1. Details of account transfer; and

1. A list of savings deposit transactions;

1. Application of Acts and subordinate statutes on withholding tax for employment income;

1. Article 347(1) of the Criminal Act applicable to criminal facts, Article 347(1) of the choice of punishment, grounds for sentencing of sentence [the scope of recommendation] general fraud [the scope of punishment] and no basic area (6 to 100 million won) (6 to 6 months) of punishment [the decision of sentence] [the amount of fraud] [the defendant does not appear in the court; the defendant does not appear in the court; the defendant does not have any criminal record; the defendant does not have any criminal record; the defendant's age, character and conduct, and circumstances after the crime are taken into account all the sentencing conditions that the defendant is not able