A defendant shall be punished by imprisonment for six months.

except that 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

On June 28, 2018, the Defendant: (a) around 14:00, at the construction site of Ansan-si B Apartment-si, Dong-si, 2018, concluded that “it is difficult for the Defendant to pay interest of KRW 35 million at high interest rate of KRW 35 million to the victim C (year 47). When lending KRW 59:4 million, the Defendant was used to repay high interest rate of KRW 35 million; and (b) 24.4 million to deposit with the financial institution and return it after raising the credit. The Defendant made a false statement to the effect that the Defendant would receive a low interest rate of loans.”

However, the Defendant did not have a plan to increase credit by depositing money in a financial institution or to repay the borrowed money with a low interest rate of 700,000 won per month without any specific property. At the time, the Defendant spent approximately KRW 3,00,000 for the monthly cost of living without any specific property, and even if he borrowed money from the victim due to the fact that the Defendant had a total of KRW 40,000,000 from the lending and the Savings Bank, the Defendant did not have the intent and ability to repay

Around June 29, 2018, the Defendant, by deceiving the victim as above, received KRW 59,400,000 from the victim’s account in the name of the Defendant (Account Number: E).

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

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Investigation report (the No. 11 of the evidence list);

1. Application of Acts and subordinate statutes on details of financial transactions (7 pages of evidence), details of account transactions (38-40 pages of the same record);

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

1. The defendant and his defense counsel's assertion and judgment under Article 62 (1) of the Criminal Act (hereinafter "the grounds for suspended sentence"), which are favorable to the defendant

1. The defendant and defense counsel asserted that the defendant and defense counsel did not deceiving the victim as stated in the criminal facts in the judgment of the defendant at the time, and that they did not have the intent to commit fraud.

2. The judgment is based on the evidence duly adopted and examined by this Court, as follows.