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

The defendant, even if he borrowed money from the victim C, was able to use it for the repayment of his obligation, so there was no intention to use it in awarding or mediating the auction property, and there was no property under his name, nor there was no special income, and there was no intention or ability to repay it.

Nevertheless, the Defendant:

1. On March 3, 2008, at the E Office of the Victim C in Gwangju-si, a false statement to the effect that the victim would use money to pay 12 million won to the victim, and that the victim would have to pay 12 million won to the victim. The victim would have been transferred 12 million won to the Agricultural Cooperative Deposit Account in the name of the defendant for the same day from the victim;

2. Around May 25, 2009, if the victim lends 20 million won to the victim at the same place as the preceding paragraph, he/she shall use the auction goods as awarded or as a broker for real estate, and shall pay the proceeds therefrom together with the above 12 million won.

“Along with the intention of making a false statement, the victim received 20 million won from the victim to the said account on the same day as the loan, and then remitted the amount of KRW 10 million among them to the victim on the 27th of the same month as the repayment of the loan.

Accordingly, the defendant deceivings the victim as above and took over the sum of 22 million won from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police of the F;

1. Application of Acts and subordinate statutes of each detailed statement of transactions, investigation report (Evidence List 18);

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act [decision of the type] : Fraud group, general fraud, type 1 (less than 100 million won) [the scope of recommendation field and recommendation range] basic area, six months to six months, and one year and six months.