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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

On July 2012, 2012, the Defendant told the victim D to the effect that “the persons who have sold E Apartments in Ulsan Innovation Zone, which was sold in lots in the middle year, were punished by a few million won, and the Defendant tried to make an investment in the middle innovation zone. The Defendant borrowed money to the effect that it can bring about a lot of gains by investing in money, and thus, it would be 50 million won or more. It would be able to pay interest of 5 million won or more, and the principal will be repaid in full within one month.”

However, even if the defendant receives money from the victim, he did not have the intention or ability to make a profit by investing in the above apartment and used it for the defendant's personal debt repayment.

As above, the Defendant, by deceiving the victim, received 50 million won from the victim as the borrowed money on July 17, 2012, and acquired the money from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that most of the damages have been repaid and agreed with the victim, and the fact that it is against the victim);