A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

1. 피고인은 2013. 1. 중순경 서울 동대문구 답십리동에 있는 상호불상의 커피숍에서 피해자 C에게 “내가 파주에서 승마장을 직접 운영하고 있는데 승마용 말 1필을 1,000만 원에 산 후 즉시 되파는 방법으로 친구에게 수익금 300만 원을 남겨준 적이 있다. 2,000만 원을 빌려주면 같은 방법으로 승마용 말을 샀다가 다시 팔아 수익금을 남겨 원금과 함께 한 달 내에 틀림없이 갚겠다.”라고 말하였다.

However, even if the defendant borrowed money from the victim in the absence of any property or income in the name of the defendant at the time, he did not intend to use the horse for personal purposes, such as living expenses, and did not have the intention or ability to pay the money within one month as he talked with the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received money from the victim to a new bank account in the name of D on February 18, 2013, which is the last day of February 18, 2013, and acquired money of KRW 20 million.

2. On March 4, 2013, the Defendant called, “Around March 4, 2013, the Defendant: “Around the victim has the opportunity to make a sunken machine, with an additional loan of KRW 10 million, would make the horse to be used for riding without a molding the entire principal and the profits within one month, along with the money borrowed in a way that would be repaid at the lower price.”

However, as stated in the above 1.1., the Defendant did not use the money borrowed from the victim as purchase cost, and even if the Defendant borrowed additional money from the victim, he did not have the intent or ability to pay the money to the victim or to pay the borrowed money within one month as the victim talks with the victim.

Nevertheless, on March 4, 2013, the Defendant, by deceiving the victim as above, received 10 million won from the victim to the account in the above name D and acquired by defrauded.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. The defendant;