A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

Around 16:00 on March 11, 2008, the Defendant made a false statement to the victim E (F before the opening of the name) at the “D coffee shop” located in Jung-gu Seoul Metropolitan Government, the Defendant immediately newly constructed a tourist hotel in G and H sites in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu. The amount of agreement to reduce the right to operate a restaurant at the site of the hotel construction construction site is changed. The regular contract is made until July 10, 2008.”

However, at the time, the defendant did not have the right to the above hotel site at the time, and did not have the ability to obtain a pF loan in order to secure the right to the above hotel site, and there was no intention or ability to grant the right to operate the restaurant to the victim because the above hotel business was not authorized.

The Defendant received KRW 5 million from the victim on April 15, 2008, KRW 500,000 on April 29, 2008, KRW 500,000 on May 20, 2008, and KRW 2.5 million on May 20, 2008, respectively, and received KRW 14 million in total from the victim on July 2008, respectively.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 347 (1) of the Criminal Code of the relevant statutory provisions on criminal facts (a comprehensive penalty and choice of imprisonment) [the defendant and his/her defense counsel shall be deemed to have had the intent to obtain deception from the defendant in light of the defendant's economic situation at the time of recognition of the above evidence, the progress of tourist hotel construction, the ownership of the hotel site and the details of disposition, etc., so the above assertion by the defendant and the defense counsel shall not be accepted];

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act for probation and community service order.