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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 9, 2016, the Defendant received a request from the victim D's construction site office located in Songpa-gu Seoul Metropolitan Government (Seoul) to lend construction funds from the victim E through introduction, and the Defendant has 50 billion won in the passbook.

It is necessary to confirm the trust ledger, business plan, list of sale prices, etc.

B. The phrase “agreging to lend money upon the receipt of the interest” was false.

Accordingly, the Defendant sent the victim’s prior interest of KRW 20 million to E through E, and then sent the Defendant’s first intention to lend KRW 120 million to the Defendant’s first, notified the Defendant’s first instance account number to the Defendant, and the victim wired KRW 20 million to the said account under the name of the Defendant’s prior interest, thereby sending the amount of KRW 20 million to the said account.

However, even if the defendant receives 20 million won from the damaged person as a prior interest, he did not have any intention or ability to lend funds.

Accordingly, the defendant, by deceiving the victim, acquired 20 million won.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of witness D and E;

1. On 8 December 12, 198: (a) the details of text messages between the Defendant and E, details of sending e-mail; and (b) the application of the statutes governing the recording of conversations between the Defendant and the Victim;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The conditions favorable to the defendant among the grounds for sentencing);

1. The defendant had a record of being sentenced to criminal punishment several times for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, and the defendant, from the investigative agency to the date of the third public trial, thoroughly denied the criminal facts of this case from the investigative agency to the date of the third public trial, and the record was submitted from the injured party, and the defendant and the injured party have reached an agreement.