A defendant shall be punished by imprisonment for six 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 May 10, 2013, the Defendant told the victim D to the effect that “C” operated by the Defendant located in Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, and that “The studio building owned by the Defendant was immediately preceding to go beyond the auction, and is used only three months if the studio building owned by the Defendant was lent money, and is paid back immediately with the deposit.”

However, at that time, the Defendant did not have any special property and fixed income, and incurred a large amount of 115 million won from the above studio building, etc. as collateral for the purpose of raising the purchase price of the above studio building, and thus, cannot be said to be the so-called “the repayment of debt.” The Defendant did not have any intention or ability to change the above studio building within the due date, even if the Defendant received the deposit from the revenue to return the rent deposit of the immediately preceding studio with the deposit for the rent of the studio, or consumed the money due to the Defendant’s living expenses.

On May 10, 2013, the Defendant: (a) by deceiving the victim; and (b) received KRW 3 million from the victim as the borrowed money from the victim to the Nong Bank account (E) in the name of the Defendant; and (c) received from August 20, 2013 a total of KRW 43 million from the victim on 20 occasions, as indicated in the list of crimes in the attached Table, from August 20, 2013.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Complaint;

1. A detailed statement of deposit transactions and a detailed statement of the agricultural cooperative transactions;

1. Defendant’s credit information;

1. Application of the Acts and subordinate statutes to report the investigation (the amount acquired by deception);

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. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for deceitation of sentencing under Article 62-2 of the Criminal Code of the community service order, the fact that it is not agreed with the victim, and there has already been a history of punishment for fraud over several times.