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

1. On November 24, 2016, the Defendant concluded that, in the building located in Seocho-gu Seoul Metropolitan Government, “A project fund needs to be supplied to the victim C. Real estate equivalent to KRW 300 million at the market price inherited from his/her parent was sold, and the Defendant entered the contract deposit with his/her parent around November 30, 2016, and the principal and interest shall be repaid within one week if he/she lends money.”

However, the defendant did not have real estate inherited from his parents, and even if he borrowed money from the victim without any specific property, he did not have the intention or ability to repay it, and he thought to use the money borrowed from the victim as gambling funds.

On November 24, 2016, the Defendant: (a) by deceiving the victim as above; (b) transferred KRW 4.5 million to a bank account (E) in the name of the Defendant; and (c) received KRW 4.5 million from the building located in Seocho-gu Seoul Metropolitan Government, around November 25, 2016.

2. On March 11, 2017, the Defendant falsely stated that “The Defendant shall file a lawsuit for division of property with the Plaintiff at the parking lot management office located in Seocho-gu Seoul Metropolitan Government, which is operated by the Victim C, “A shall pay back all the amount borrowed prior to the loan, if the Defendant additionally lends one million won as the cost of lawsuit is necessary.”

However, the defendant did not file a lawsuit for division of property against the defendant, and even if he borrowed money from the victim without any particular property, he did not have any intention or ability to complete payment.

As above, the Defendant, by deceiving the victim as above, received 300,000 won from the victim under the pretext of the loan, and received 70,000 won from the account as stated in paragraph (1) on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Details of account transactions;

1. A copy of a loan certificate, a copy of a letter, and a photograph of the contents of text messages taken;

1. Investigation report (Submission of data on details of account transaction, which is the complainant);