A defendant shall be punished by imprisonment for not more than ten 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

1. On April 2008, the Defendant may lend money to the victim at the victim D’s residence located in the Si apartment house C in Sistitu City around April 2008.

A year of full payment.

The principal shall be paid every month and the principal shall be paid one year after the payment of interest.

“False speech was made to the effect that it was “.”

However, in fact, the defendant did not have any special income or property, and is liable for the debt amounting to several million won, and even if he borrowed money from the injured party, he did not have any intention or ability to pay it normally.

The defendant was employed by the defendant around April 28, 2008 from the damaged person.

E The remittance of KRW 16 million to the national bank account (Account Number: F) in the name of E was obtained, and the fraud was obtained.

2. On July 2008, the Defendant made a false statement from G to the victim D, stating that “The purchase price for an apartment to be awarded a successful bid through an auction shall be changed.”

However, in fact, the defendant was thought to use his personal debt by receiving money from the injured party, and there was no intention or ability to receive the apartment contract from the injured party through auction.

On July 18, 2008, the defendant acquired money from the injured party as the successful bid price for the apartment, and acquired money from the injured party to the above E bank account in which the defendant used KRW 9,860,447 around September 1, 2008, and KRW 9,860,447 to the above E bank account.

Summary of Evidence

1. Witness D's testimony;

1. Determination on the statement of bank transactions, Defendant, and defense counsel’s assertion

1. Summary of the assertion

A. As to the facts of Paragraph 1 of the judgment, the Defendant had no intention and ability to repay the money borrowed from the injured party, and therefore there was no intention to commit the crime of defraudation.

B. As to the facts of Paragraph 2 of the holding, the Defendant did not have the intention to commit the crime of defraudation because he had the intent and ability to receive the successful bid of the apartment through an auction.

2. Determination

A. The criminal intent of defraudation, which is a subjective element of the crime of fraud, shall be the financial history, environment, and crime of the defendant before and after the crime unless the defendant makes a confession.