A defendant shall be punished by imprisonment for six 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

On August 31, 2009, the defendant, at the defendant's office located in Gangnam-gu Seoul Metropolitan Government Seoul Metropolitan Government, stated that "no security deposit is available to the victim D to enter into a lease contract, 30 million won is given a high interest rate and repaid after one month."

However, at the time, the Defendant had expressed his intent to use money from the injured party in the above purpose even if he borrowed money from the injured party with his monthly wage and goods in a sealed condition, and there was no intention or ability to change it after the month when there was no particular property.

The Defendant, as such, by deceiving the victim, received a copy of KRW 30 million check from the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to an investigation report (report on the contents of the currency with the complainant D), investigation report (Submission of a certificate of actual results of deposits in use as at the time of borrowing of a suspect and reporting on the details of the relevant currency), personal financial transactions, certificates of deposit transaction records, and NICE evaluation and replys;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order - The defendant mistakenly acknowledges and reflects his fault.

- The amount of fraud is 30 million won or more.

However, the Defendant repaid the amount of KRW 6.5 million to the complainant who received the claim from the injured party (K non-mortgage management limited company) and recovered part of the damage.

- There is a record of punishment of a fine for the same criminal record and one time.

- Other factors such as the motive, method of crime, and circumstances after the crime shall be determined in accordance with the order.