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

On June 2012, around Kimcheon-si, the Defendant intended to purchase the land for the construction of studio to the victim D in front of Kimcheon-si, “Icheon-si innovation city occurs, and the land for the construction of studio is to be purchased. The principal will be repaid for six months after the loan of KRW 200 million for the purchase cost of the relevant land, and the land to be purchased will be registered for the transfer of ownership in the name of the victim. If the project is not carried out within six months, even if the studio, such as the newly constructed C, is not known even if it is disposed of within the previous six months.

“A false statement” was made.

However, the Defendant intended to lend money from a person with bad credit standing to use the money for the purpose of the existing payment of construction and living expenses. Even if the Defendant borrowed money from the person with bad credit standing, there was no intention to use or purchase the money as land purchase cost, and there was no intention or ability to pay the money within six months to the victim.

The Defendant, as above, by deceiving the victim, received KRW 200 million from the victim on July 16, 2012 from the victim, to the national bank account (Account Number:F) in the name of E, and acquired it by fraud.

Summary of Evidence

1. Legal statement of the witness D;

1. Statement made by the police against D;

1. A written inquiry about details of deposit transactions, a request for deposit without passbook, and a certificate of process;

1. Investigation report (Attachment of Details of financial transactions by a suspect) (The defendant and his defense counsel have no intention to commit a crime by deception against the defendant;

The argument is asserted.

However, the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, such as consistent statements, namely, D loaned money to the Defendant with the belief that the purchase purpose of the new site was the purchase purpose of the new site. However, in light of the Defendant’s business progress at the time of the Defendant’s business and the Defendant’s bad credit, the Defendant may pay money within six months.