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

Punishment of the crime

Around August 17, 2011, the Defendant, at the victim D’s office located in Gwanak-gu in Seoul Special Metropolitan City, decided to take over the victim D with KRW 10 billion (hereinafter “the instant resort”) at the victim D’s KRW 230,000,000,000 out of the down payment, and there was a lack of KRW 50,000,000. If the Defendant borrowed KRW 50,000,000,000, the Defendant paid KRW 100,000,000 after one month, and made a false statement to that effect.

However, in fact, the Defendant did not pay the down payment of KRW 230 million with respect to the purchase of the instant resort, and even if he received KRW 50 million from the victim, he did not conclude the said resort purchase contract or did not have any intent or ability to repay the said money to the victims.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 24 million from the victim to the account in the name of the Riart of this case on the same day, and received KRW 26 million from the victim to the account in the name of the Defendant on the following day, and acquired KRW 50 million in total.

Summary of Evidence

1. The defendant's partial statement in each legal statement D, F and G;

1. Part of the prosecutor's protocol of interrogation of the defendant

1. Each police statement made to D, F, and G;

1. Determination as to the assertion by the defendant and his defense counsel as to the complaint, each investigation report (in the case of the new bank union, the counter investigation of the branch office, the telephone statement of the company bank H, and the summary of the corporate bank)

1. The defendant and his defense counsel asserted that the defendant did not have the intent of deceiving or deceiving the victim as stated in the facts charged, and the defendant has made normal efforts to take over the resort in this case, but the victim does not invest additional KRW 50 million, and the defendant did not have the right to borrow KRW 1 billion from the company bank without the defendant, and the victim or his defense counsel did not have the right to borrow KRW 1 billion from the company bank without the defendant.