(A)The Defendant is a person working in a lending brokerage body called C.

On November 1, 2009, the Defendant made a false statement to the victim D (n, 55 years of age) at an infinite or lower-speed place, stating that “The Defendant would be able to obtain a loan of at least 6 billion won as security of the building (Sacheon-si E building). The Defendant would change KRW 20,000 won for necessary expenses, such as street funds.”

However, since the defendant knew that the above building owned by the victim is impossible to be loaned 6 billion won as a security, he did not have the intention or ability to execute the loan for the victim.

On November 23, 2009, the Defendant received 20,000,000 won from the victim to the Agricultural Cooperative Account of the Defendant under the pretext of loans, such as street funds.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning the F;

1. Statement made to D by the police;

1. Application of statutes confirming details of transactions;

1. There are some favorable circumstances such as the pertinent legal provisions on criminal facts, Article 347(1) of the Criminal Act regarding the choice of punishment, the reason for sentencing of sentence of imprisonment [the scope of recommending punishment] General Fraud and the basic area (6 to 1.6 months) of punishment / [decision of sentence] the Defendant reflects the Defendant’s fault in depth, only the previous conviction of a fine, and deposit KRW 1.8 million for the victim. However, insofar as the damage is not recovered, the sentence should be sentenced, and the statutory detention should not be made in order to give the last time to recover the damage.