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

However, 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 April 25, 2014, the Defendant made a false statement to the victim D’s office located in Gyeyang-gu, Gyeyang-gu, Seongbuk-gu, Seoul, stating that “If the Defendant loans money to the victim as KRW 65 million is required to cancel provisional registration of the house he lives in Korea, the Defendant immediately cancelled provisional registration, borrowed the house as security, or borrowed the bond by no later than May 12, 2014.”

However, the Defendant had no other income to resolve the cost to enter the construction site in Gwangju City E at the time, Gwangju City. Therefore, even if the Defendant borrowed money from the victim and canceled the provisional registration of the Defendant’s house, the Defendant did not have the intent or ability to repay the money to the victim by means of lending the money as security or lending the bonds.

At around 10:16 on the same day from the victim, the Defendant, by deceiving the victim as above, received 65 million won from the corporate bank account (Account Number:F) of the Defendant’s name, and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and H;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution (including G's statement)

1. Statement of the police officer to I;

1. A copy of a loan certificate or a copy of a letter;

1. A copy of the full certificate of registered matters, a statement of transaction by account, and a certified copy of the register of the defendant denies the criminal intent of defraudation, but the defendant did not have the financial status of the defendant at the time of borrowing money, and the defendant borrowed money and cancelled a provisional registration of the above house under the name of the defendant's spouse, and then introduced the bonds company as the bonds company, which would arrange for a monetary transaction between the defendant and the victim, but the above bonds company offered the above house as security and borrowed money to the above bonds to the above bonds company for other uses, such as not using the funds to repay the debt to the victim as agreed with the victim, and inserting the borrowed money to the above E construction site.