A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On November 15, 2012, the Defendant told the victim E to the effect that “I will purchase and develop tin acid F in Chungcheongnam-si, Chungcheongnam-si, and if I borrowed KRW 35 million since the purchase price to G falls short of the amount to be reduced, I would make it possible to perform the construction works for gathering earth and rocks of the above tin on December 15, 2012, and make repayment within three months.”

However, in fact, the Defendant had paid 10 million won out of 80 million won of tinsan purchase price, and had been liable for the loan of 40 million won, not only did the Defendant have been able to pay the remainder of the purchase price due to the lack of any property or income, and there was no intention or ability to allow the victim to perform the collection of earth and stone construction work or to repay the borrowed money.

Nevertheless, the Defendant’s aforementioned false statements amounting to KRW 20 million from the victim on December 5, 2012, and the same month.

7. The 15 million won was remitted to the bank account (H) in the name of the defendant under the name of the defendant as the borrowed money and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and G;

1. Partial statement of a witness I;

1. The prosecutor's protocol of interrogation of the accused (including the record in E statement);

1. Second police suspect interrogation protocol (including statement of each statement in E and G) against the accused;

1. Receipt for financial transactions;

1. Application of Acts and subordinate statutes to a real estate sales contract;

1. The assertion of the relevant Article of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts and the assertion of the defendant and his/her defense counsel

A. The victim was invested in KRW 35 million from the victim, and the earth and stone collection work commenced in tinsan would be repaid within 3 months from the time of the commencement, and the earth and stone collection work had the intent and ability to repay to the victim by collecting earth and stone from tinsan purchased.

(b) there was no intention to obtain fraud;

Judgment

The following are acknowledged based on the evidence adopted and examined by this Court.