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 became final and conclusive.

Punishment of the crime

1. From around 2007, the Defendant was aware of the victim’s son who operated the “C Real Estate” in Eunpyeong-gu Seoul, Seoul, and became aware of the relationship with the victims D.

Around November 13, 2012, the Defendant made a false statement to the victim “C Real Estate” that “I would pay 15 million won until December 31, 2012 if I lend the same business fund to the victim.”

However, the Defendant’s purpose was to pay credit card value, loan interest, etc., other than business funds, by borrowing money from the victim, and even if the Defendant borrowed money from the victim due to economic difficulties, such as a bank and a second financial right debt exceeds KRW 100 million, not to return credit cards, or to pay interest on lending money from another person, there was no intention or ability to pay such money.

As such, the Defendant, by deceiving the victim, received KRW 15 million on the same day from the victim and acquired it by deception.

2. Around February 12, 2013, the Defendant: “Around December 12, 2013, the Defendant: (a) provided that “Around December 31, 2012, the Defendant was unable to repay to the victim under paragraph (1) of the said C Real Estate by December 31, 2012, the date on which the Defendant promised to borrow 15 million won or more; and (b) provided the said car and key to the said car.”

On February 18, 2013, the defendant found in the above C's real estate and identified the location of the vehicle by stating that "it will be taken out because there is a document to be taken out in the vehicle," and sold the vehicle to F on February 29, 201 by using an assistance key for the vehicle in advance.

Accordingly, the defendant took his own property, which is the object of the victim's possession or right, and obstructed the victim's exercise of right.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about D and G;

1. A complaint, a certificate of borrowing, and a letter;

1. The name of the suspect for the investigation report;