A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 5, 2011, the Defendant made a false statement to the victim in the Seoul Special Metropolitan City, Gwanak-gu Seoul Special Metropolitan City C victim D’s residence stating, “If the Defendant purchased and sold the purchase of the apartment unit in the Gyeonggi-gu broad name area, and then borrowed the money of KRW 30 million, then complete work within 1-2 months, and added the principal and the profit to the total amount.”

However, at the time of borrowing the above money, the Defendant thought to use it for the cost of living without using it in the sale business, and did not have the intention or ability to repay the above borrowed money.

The Defendant was transferred from the victim to the corporate bank account in the name of the Defendant, i.e., KRW 30 million from the victim on the pretext of the loan.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes on loan certificates, deposit certificates, and account statements in the suspect's name;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Taking into account the fact that the defendant is the first offender, the relationship between the defendant and the victim, the fact that the victim has lent money in the course of combining his/her father and the defendant with adjudication);