A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On January 18, 2012, the Defendant made a false statement to the victim D, “If the Defendant completes the construction of F apartment in order to acquire the F apartment in the Kaba-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, the Defendant would have borrowed 20 million won due to safety inspection expenses, etc., if he/she completed the construction of the F apartment in order to acquire it.”

However, the defendant thought to be used for the cost of living and did not have the intention to use it as the safety diagnosis cost, and there was no intention or ability to repay the borrowed money to the victim due to no particular property or income

Ultimately, the Defendant, as above, by deceiving the victim, received KRW 19 million from the victim, via the Agricultural Cooperative Account (Account Number: H) in the name of G operated by the Defendant around January 19, 2012 from the victim, and acquired it by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to accusation, loan certificates, and copies of bankbooks;

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. Grounds for sentencing under Article 62(1) of the Criminal Act (Reasons for sentencing as follows)

1. Application of the sentencing criteria [the types of decisions] types 1 (under KRW 100,00) (the amount below KRW 100) of general fraud [the person subject to special sentencing] mitigation elements: where punishment is not imposed or considerable damage is recovered (the scope of recommended punishment] mitigation area, January-1 year or year;

2. Determination of sentence shall be made in the same way as the order is given in consideration of the fact that the defendant made a confession and reflects on the instant crime, the fact that he/she agreed with the victim, and other conditions of sentencing, such as the age, sex, environment, circumstances leading to the relevant crime, means and methods, results, etc.