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

Around July 2005, the Defendant borrowed KRW 78 million from July 2006 to December 2, 2007 from the victim to December 2007, the Defendant: (a) stated that the Defendant was aware of the victim D and became aware of the victim D, and that “it is an apartment house in the Matern-dong, and there is land in the Hasan-si, Hasan-si.” (b) borrowed KRW 78 million from the victim.

Around July 7, 2008, the Defendant called the victim by phoneing to the victim at the Dolsan-si, “I wish to lend money to a prison if I do not pay the bank money rapidly at home. I wish to pay fump.”

However, the Defendant, at the time, was unable to pay the above KRW 78 million due to the lack of a certain amount of income, and the Defendant was also unable to pay the loan company the above KRW 10 million in addition to the above debt, and even if there was no property other than apartment bonds, there was no intention or ability to repay the debt to the victim even if the Defendant borrowed money from the victim due to the lack of any property other than apartment bonds.

Ultimately, on July 8, 2008, the Defendant, by deceiving the victim as such, received KRW 30 million from the victim to the account in the name of the former North Korean bank.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on details of deposit transactions;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the agreement with the victim and the primary crime);