A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 2, 2017, the Defendant made a false statement to the effect that “C Real Estate Office” located in the Busan High-gun, Busan High-gun, that “I would pay money to the victim D. If I borrowed KRW 40 million as security, I would like to make a provisional registration against an officetel. If I would like to pay the principal and interest KRW 50 million.” After six months, I would make a false statement to the effect that I would complete payment of the principal and interest KRW 10 million.”

However, even if the Defendant borrowed money from the victim, it was expected that the Defendant would obtain additional security loans without making a provisional registration immediately on the Defendant’s officetel, and the personal obligation is not fully repaid, and there was no intention or ability to make a provisional registration on an officetel.

Nevertheless, on January 4, 2018, the Defendant, by deceiving the victim as above, received KRW 40 million from the victim to the Agricultural Cooperative Account in the name of the Defendant under the pretext of borrowing money.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A report on investigation (Attachment to a detailed statement of deposit transactions);

1. Application of Acts and subordinate statutes to the complaint, certificate of transfer, full certificate of registered matters, and detailed statement of deposit transactions;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Reduction elements of less than KRW 100,00 (Special Convicted Persons): In the case of reduction factors of less than KRW 100,000,00 (the scope of the recommended area and the scope of the recommended punishment), basic area (the scope of the recommended area and the range of the recommended punishment), six months to one year.

3. The crime of this case in which a sentence is rendered is that the defendant acquired the money of the victim by fraud.

The amount of fraud is not specified as KRW 40 million, and the defendant's liability is not less than that of crime in light of the details and methods of crime.

However, the fact that the defendant recognizes the crime and reflects it at the time.