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 becomes final and conclusive.

Punishment of the crime

[2014Kadan828] On August 27, 2012, the Defendant stated that “If the amount to be used as equipment costs is leased to the victim in the D office for the operation of the victim C located in Ansan-dong-si, Dong-si, B, the Defendant would have paid the amount by using up to November 15 and including 10% interest.”

However, in fact, the Defendant did not have any intent or ability to complete payment as agreed even if he/she borrowed money from the victim because he/she had any obligation such as construction cost and overdue wage at the time, and there was no specific property.

The Defendant received KRW 21 million from the victim on the same day.

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

[2014 Highest94] On September 27, 2012, the Defendant made a false statement to the effect that the Defendant requested a signboard construction from the victim at the “G” mobile communication store operated by the victim F in Seongdong-gu Seoul, Seoul, and that the victim would set up and run a signboard with the cost of 990,000 won.”

However, even if the defendant receives money from the victim for the construction price of the previous construction works, he/she has to pay the above construction price obligations, and there was no intention or ability to install the signboard.

The Defendant received 7,490,000 won from the victim on the same day, and transferred 1,00,000 won as the price for construction, respectively.

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

Summary of Evidence

[2014 Highest828]

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation report (No. 5 No. 2014 Godan994) (Evidence List);

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of deposit certificates, text messages, and Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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