A defendant shall be punished by imprisonment for a term of one year and two months.

Criminal facts

The defendant is a person who has been engaged in the sales agency business of commercial buildings in C's trade name.

1. On December 28, 2007, the Defendant, including the person, etc., made a false statement that “Around December 28, 2007, the Defendant borrowed funds from the victim D to the Seoul Special Metropolitan City Seoul Special Metropolitan City Nowon-gu Seoul Special Metropolitan City Seoul Special Metropolitan City Seoul Special Metropolitan City Nowon-gu Seoul Special Metropolitan City Seoul Special Metropolitan City land (30,000,000 won necessary to newly construct an apartment. F to receive the right to sell a commercial building from F, received the right to sell the commercial building, and made the repayment by June 30, 2008, which would receive one billion won and make the repayment by June 30, 2008.”

However, the fact was not that F is clearly able to raise the above KRW 150 billion, or that the defendant can receive KRW 1 billion, but it was not that it could be repaid by the due date which was promised to repay the loans of financial institutions at the time, the employees' monthly income, etc.

The Defendant acquired the total amount of KRW 215,00,000 from the injured party, including KRW 150,000,000 on the same day, KRW 40,000,000 on September 3, 2008, and KRW 215,00,000 on December 25, 12 of the same year.

2. Around April 9, 2010, the Defendant, including the end of April 2010, concluded a false statement that “The Defendant would enter into a sales contract with the victim D by paying the down payment to the Geumcheon-gu Seoul Metropolitan Government H by paying the down payment to the 100 square meters of the third floor of the above commercial building,” at around April 9, 2010.

However, the defendant did not intend to sell the commercial building to the victim, and was the intention to use the commercial building as living expenses.

The defendant shall have jurisdiction over the same day from the injured party, 9,000,000 won, and the same year.

9. The sum total of KRW 19,000,000,000 was obtained through the delivery of KRW 19,00,000.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Each letter (30 million won), a loan certificate (250 million won), each letter (250 million won), each letter (10 million won), each copy of the check for himself (10 million won), a contract for sale by proxy, a receipt (20 million won), each letter (9 million won), a copy of the passbook for agricultural cooperatives, a copy of the passbook for agricultural cooperatives, a certificate of remittance (81 million won), and a loan certificate (40 million won);