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

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

Punishment of the crime

On December 201, the Defendant: “F pharmacy operated by the Victim E in the Nam-gu Incheon Metropolitan City D Building 107 on December 2, 2011,” the victim “F pharmacy” means that “The Plaintiff already purchased any forest and field G in the state of investing three officetels with an amount equivalent to KRW 210,000,000 in the capital and there is a need for any balance of KRW 120,000,000 in cash; if there is any balance of KRW 300,000,000,000,000,000 won may be purchased the land and newly constructed a convalescent hospital.” The victim said that it is difficult for the victim to raise money, “The victim would have paid KRW 150,000,000 among the remainder of KRW 30,000,000,000,000,000,000 won and would have paid KRW 1.5,125,000,0000”.

However, the Defendant did not have invested three officetelss in the purchase of the above G land. The Defendant did not intend to receive KRW 150 million from the Defendant, and even if having borrowed money from the victim, the Defendant merely intended to use it for his own cost of living and personal loan repayment without using it for the balance of land purchase and sale, and even if borrowing money from the victim, the Defendant did not have any intent to return the said G land at any time when the victim paid a monthly interest or the victim would return the money.

Accordingly, the Defendant, by deceiving the victim as above, received KRW 40 million from the victim, to the account in the name of his father and wife, around January 6, 2012, from the victim, and received KRW 80 million in total from the same account around the 13th day of the same month.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and I.