On October 10, 2010, the Defendant told the victim E that “I wish to return the land as aground, if I wish to lend KRW 30 million to I am aground, if I am aground, while I am having known that I am working for the Icheon Community Credit Cooperatives of the land at auction. I will purchase the land and sell it. I am aground of KRW 5 million.”

However, at the time of taking money from the victim, the defendant thought that he would use the money for personal debt repayment, etc., so there was no intention to use the said money for real estate investment, and therefore there was no intention or ability to pay the said money because he did not have any specific property.

On October 11, 2010, the Defendant, by deceiving the victim, received 30 million won from the victim, to the account of community credit cooperatives under the name of the Defendant, and acquired it by defrauded.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police preparation of E;

1. Application of Acts and subordinate statutes on a detailed statement and copy of passbook entry transactions;

1. Relevant legal provisions for facts constituting an offense and reasons for sentencing under Article 347(1) of the Criminal Act [decision of types of punishment] Fraudulent crimes, general fraud, and Type 1 [Special Convict]: None of the following [decision of the recommended area] basic area, the basic area of imprisonment with prison labor for not less than 6 months, but not more than 1 year and 6 months [Criteria for Suspension of Execution]

1. Reasons for major reference: Unagreement;

2. Reasons for general participation: It is inevitable to sentence imprisonment with prison labor for severe punishment corresponding to the nature of the crime against the defendant in light of the fact that the defendant has no effort to recover damage (unlawfully), serious reflectness, or there is no criminal record of suspension of execution or more criminal records (self-esteem) (decision of sentence) (the amount obtained by deception is a large amount of three million won, but the damage recovery has not been made at all, and the defendant has committed the deception actively, and all of the money acquired by deception was used for the purpose of paying his personal debts and living expenses, etc.

However, the defendant depthed the crime of this case.