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 17, 2014, the Defendant was sentenced to a suspended sentence of two-year imprisonment at the Seoul Western District Court for fraud, which was sentenced to a suspended sentence of one year and two-year imprisonment, and the appeal was dismissed by the same court on July 17, 2014, and the appeal is currently pending in the final appeal.

At around 10:00 on September 18, 2010, the Defendant stated, “Around 10:00, the Defendant laid down a lot of land frightly to the victim C at the E hotel 1st floor coffee shop located in Gangnam-gu Seoul Metropolitan Government,” to the effect that “at all times, X-ray will open, and the land will be sold as KRW 10 billion if sold. There is a time when money is urgently needed if there is no doubt about it and there is no business.” If money is lent, the Defendant would return it immediately after 1-2 days.”

However, the Defendant did not own the land at the time, and did not hold the shares of the F in which the said leisure business was carried out. At the time, the Defendant was only liable for personal debts, and the Defendant did not have any monthly income, and there was no intention or ability to repay the price even if he borrowed money from the victim.

Nevertheless, around September 20, 2010, the Defendant received 50 million won from the victim under the same name as the above national bank around October 29, 2010, from the Korean National Bank in Gangnam-gu, in the name of the Defendant’s wife G as a loan at the Han Bank Station of the Korean National Bank in Gangnam-gu Seoul, and received KRW 50 million from the above national bank.

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

Summary of Evidence

1. C’s legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement regarding C;

1. Details of personal financial transactions and receipts without passbooks;

1. A written rejection of cash;

1. Application of Acts and subordinate statutes governing recording records;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 (1) of the choice of criminal punishment;

1. Suspension of execution under Article 62(1) of the Criminal Act (including the fact that an agreement has been reached with the victim);