A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

The defendant is a landscaping business operator, while he was in charge of 7 pine trees owned by D and E in substantial Gu of Cheongju-si, the defendant raised money by offering the above trees as collateral and lending money as the business fund is required.

1. On January 13, 2009, the Defendant: (a) falsely stating that “If the Defendant borrowed the money to be provided as security for 7 pine trees, 2% per month shall be given to the victim F; and (b) the principal shall be repaid once a year; and (c) the Defendant received KRW 90 million from the victim, i.e., the borrowed money, from the victim.

In fact, however, the tree that the defendant provided as security to the victim is not owned by the defendant, but is not authorized by the owner as security, and there is no right to borrow money as security.

Accordingly, the defendant was delivered KRW 90 million by deceiving the victim.

2. On March 13, 2009, the Defendant: (a) falsely stating that “If the Defendant borrowed the money to be provided as security for 7 pine trees, 2% per month shall be given to the victim F; and (b) the principal shall be repaid once a year; and (c) the Defendant received KRW 20 million from the victim, i.e., the borrowed money, from the victim.

However, in fact, the trees that the defendant provided as security is not owned by the defendant, but owned by the owner, and there is no right to borrow money as security because it is not permitted by the owner to provide the above trees.

Accordingly, the defendant was delivered KRW 20 million by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement to F;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Circumstances unfavorable to the sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes: The nature of the crime shall be the maximum amount or the amount of fraud by providing false collateral, or for recovery from damage;