A defendant shall be punished by imprisonment for a term of one year and eight months.

Punishment of the crime

On September 4, 2008, the Defendant made a false statement to the victim C’s house located in Jeju-si stating, “The Defendant is running an apartment house of 830 households in Gyeonggi-gu, Gwangju-do. If the construction authorization and permission is completed and the funds are insufficient, he/she will receive a PF loan and repay it. The contractor and the contract can also be repaid within four months as they will soon be concluded.”

However, in fact, the defendant did not have purchased a site to construct apartment, and there was no intention or ability to proceed with the apartment project because there was no fact that the defendant applied for the building permit.

On September 5, 2008, the Defendant: (a) by deceiving the victim; (b) from around September 5, 2008 to around August 28, 2009, from the time when he received KRW 60 million from the time when he borrowed money from the victim; and (c) received KRW 253,400,000 in total on 17 occasions as stated in the crime list by deceiving the victim by the above method as above; and (d) received delivery for the borrowed money.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes on banking transactions;

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 facts that the defendant, among the concurrent crimes, led to the sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act, is favorable.

However, the sentence is sentenced in consideration of various sentencing conditions, such as the fact that the amount of damage has not been recovered from large damage.