A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

1. On August 12, 2008, the Defendant stated to the effect that, around August 12, 2008, the Defendant borrowed KRW 75 million to the victim C at the Bag Capital Office, Inc., Ltd., the Gangnam-gu Seoul Samsungdong, “if he lends KRW 75 million to the victim C, he would obtain a loan from the 2 financial right or sell the said apartment as security, after cancelling the decision of voluntary auction as set forth in 1209, Dongjak-gu, Seoul, which is within the said money.”

However, the above apartment was already subject to the right to collateral security, seizure, or provisional seizure equivalent to the amount of the claim that reaches the market price, and the defendant did not have any intention or ability to repay the above amount of the claim by means of borrowing the above apartment as collateral or selling the above apartment.

As above, the Defendant, by deceiving the above victim, wired the above victim's property by receiving KRW 75 million from the above victim as the borrowed money on the same day.

2. On August 8, 2010, the Defendant: (a) made a false statement to the effect that, even if he/she borrowed money from the victim C even if he/she did not have an intention or ability to repay it; (b) he/she, he/she acquired the property by deceiving the said victim by receiving a remittance of KRW 1 million from the said victim under the name of the borrowed money on the same day on the same day.

Summary of Evidence

1. The statement of C witness and the legal statement of E of witness in the third protocol of trial;

1. Part concerning C’s statement concerning the suspect interrogation protocol against the defendant

1. A complaint;

1. A copy of the bankbook, a detailed statement on the details of the withdrawal transactions, a receipt of loan, and a letter;

1. A certified copy of the register or detailed information for auction;

1. Investigation report (Attachment to the market price list in the past of the KB real estate), detailed apartment information, and the past reporting of the KB real estate;

1. Inquiries into Samsung Life Insurance Co., Ltd.