The Defendant did not have any intent or ability to complete payment by disposing of the apartment even if he/she borrowed money from the victim B, a high-ranking village, due to the absence of an apartment.

1. On September 30, 2013, a false statement stating that “A person shall pay to the victim an amount of KRW 30 million by disposing of an apartment unit with a load of KRW 30 million with a load of KRW 4,000,000,000,000,000 from the victim’s phone,” and that he/she shall receive KRW 30,000 from the victim on the following day

2. Around January 27, 2014, a false statement stating that “If a person lends KRW 10 million to the victim, he/she will dispose of the apartment house and complete payment to the previous KRW 30 million, then he/she shall be entitled to full payment to the previous KRW 30 million.” Accordingly, he/she received KRW 10 million from the victim as the borrowed money on the same day from the victim and acquired the total KRW 40 million from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to each investigation report;

1. The reason for the sentencing of Article 347(1) of the Criminal Act [the scope of recommending punishment] Article 347(1) of the Criminal Act, which covers the pertinent legal provisions and the choice of punishment for a crime, shall be sentenced to imprisonment with prison labor for less than the scope of recommending punishment that is set forth in the sentencing guidelines, taking into account the relationship with the victim and the size of the amount, etc.