A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

1. On July 2, 2015, the Defendant made a false statement to the victim E from D real estate located in Sejong-si, Chungcheongnam-si, that “The Defendant would develop penture in the racing F, provide the principal and dividends of KRW 100 million, and pay 15% of the shares in the land and buildings after the completion of the building.” The Defendant also drafted an investment development agreement with the aforementioned content.

However, it is true that the Defendant did not properly sell the G lending from Ulsan-gun, Ulsan-gun, which was completed, and the subcontractor did not have any ability or intent to develop a racing pen due to the lack of funds at the time, such as the subcontractor's obligation to pay approximately KRW 150,000,000, and even if the Defendant received money from the injured party, it was thought that it was used for the Defendant's urgent repayment of the Defendant's debt and living expenses.

The defendant deceiving the victim as above and caused the victim to pay the victim KRW 43 million as the down payment for the purchase price of the above H and I land on the same day from the victim under the pretext of investment, and caused the victim to pay the victim KRW 43 million as the down payment for the purchase price of the above H and I land, and KRW 18 million around the seventh day of the same month and KRW 3 million around the 21st day of the same month to the Agricultural Cooperative Account in the name of J.

8. Around 17.15 million won received a total of KRW 25.5 million from each transfer to the Agricultural Cooperative Account under the name of the Defendant, etc.

Accordingly, the defendant, by deceiving the victim, received property or acquired property benefits.

2. On April 6, 2014, the Defendant borrowed KRW 15 million from the injured party as the investor of the said G loan and the borrower of the said G loan (the Defendant), with the view to obtaining a loan of KRW 16 million from the said G loan as security, and was aware that the Defendant, upon receiving a loan of KRW 16 million from the said G loan, intended to repay to the injured party, the Defendant concealed the fact that the said loan was repaid to the injured party, and attempted to use the said KRW 16 million from the injured party to return the said loan of KRW 16 million from the said injured party to use it as the Defendant’s other debt or living expenses.

The defendant.