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

1. 2011. 1. 17. 범행 피고인은 2011. 1. 17.경 장소를 알 수 없는 곳에서 피해자 C에게 전화하여 “친구가 땅을 샀는데 잔금이 부족해 명의이전을 못한다. 1,000만 원을 빌려주면 한 달 후에 돌려주겠다.”라는 취지로 말하였다.

However, the Defendant intended to use the money borrowed from the victim to repay the debt to D, and at the time, the Defendant did not have any intent or ability to repay the money borrowed from the victim because of a large amount of debt such as bank loans.

The Defendant, by deceiving the victim as such, received KRW 10 million from the victim to the account in the name of D on the same day, and acquired it by defrauded.

2. On January 26, 2011, the Defendant called “Around January 26, 2011, the Defendant phoneed to the victim and called “Appared to refund KRW 17 million because of the shortage of money in introducing the land to the child so that it was impossible to receive the return money.”

However, the defendant tried to use the borrowed money for the cost of living, such as card payments and public charges, and even if he borrowed money from the victim due to a debt such as bank loans and card payments, there was no intention or ability to repay it.

As such, the Defendant, by deceiving the victim, received 17 million won from the national bank account in the name of the Defendant on the same day from the victim, and acquired it by deceit.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C by the police statement;

1. Application of each Act and subordinate statutes entered in the transaction details of each passbook;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of sentenced punishment: One month to fifteen years from the imprisonment (the selection of imprisonment and the aggravation of concurrent crimes);

2. The sentencing criteria (the decision of type) is the fraud crime group, the general fraud.