A defendant shall be punished by imprisonment for four 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

피고인은 2011. 9. 21. 15:00경 울산 남구 C 소재 D주차장에서 피해자 E에게 “울산 남구 F 일대 1만 평에 쇼핑센터 신축을 위해 내가 지주 동의작업을 하고 있다. 건설회사가 은행에 50억 원을 예치해 놨는데 85% 지주 동의작업이 완료되었고, 동의작업이 다 되면 예치금이 나온다. 2,000만 원을 빌려주면 이자 월 2%를 쳐서 3개월 내에 갚겠다.”라고 거짓말 하였다.

However, the facts are not only the case of subdivision of the land jointly owned by the owner of the consent and the owner of the land jointly owned by the Dong but also the defendant did not have the intention or ability to complete payment within three months even if the defendant received KRW 20 million from the victim due to the lack of special income in the state of a large amount of debt.

The Defendant was issued KRW 20 million in total from the victim, namely, KRW 19 million cashier’s checks, and KRW 20 million in cash.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A copy of a check and receipt, or a copy of a certificate of borrowing;

1. Application of the Acts and subordinate statutes to each letter, a copy of a disbursement note, and a copy of a notarial deed;

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

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

1. Probation and community service order under the proviso to Article 62-2 (1) and Article 62-2 (2) of the Criminal Act, the nature of the crime shall not be exceptionally considered in light of the content of deception in the

However, in consideration of the fact that the amount of damage was caused by 20 million won, that the defendant was actually working to obtain consent from the props, that there was a previous conviction of the same kind of suspension of execution, but there was no criminal power after 2003, the execution shall be suspended, but the probation and community service order shall be attached for a certain period of time, taking into account the fact that the damage was not reimbursed, and the sentence shall be determined as the order