A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On December 30, 2015, the Defendant made a false statement to the victim D at the defendant's house located in Gangnam-si B apartment and the defendant's house located in subparagraph C, stating that "If the Defendant did not lend money to any other person at this time, he/she would have deducted a felb from the felb by October 2016, if he/she lent money to the other person."

However, at the time, the Defendant did not have any specific income, while the Defendant did not pay the money to the victim because there was no special income, and there was no property other than the above apartment, the collateral value of which is not sufficient due to the establishment of the right to collateral security, and the national health insurance premium was not paid properly.

The Defendant received two copies of E Check amounting to KRW 10 million in face value on the same day from the injured party, from around August 26, 2016 to around August 26, 2016, a total of KRW 142 million in the name of borrowed money, such as written guilty in the list of crimes in the annexed sheet of crimes.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of witness D in part, and the legal statement of witness H in the court;

1. A copy of the records of civil execution cases, such as inquiries about details of transactions, deposits interest contracts, etc., and copies thereof;

1. The Defendant’s personal credit information details [the Defendant’s assertion of the Defendant and the defense counsel] is the Defendant’s intent of repayment in light of the following: (a) at the time of borrowing money from the damaged party, the Defendant had an apartment house in Gangseo-si B; (b) the unregistered building and the unregistered building, J, K, and L; and (c) the Defendant paid interest to the victim until August 2016.

Therefore, it argues that there is no intention of deception or deception.

According to evidence, the apartment house B owned by the defendant is set up by the right to collateral security, and the collateral value is limited to KRW 70 million even according to the defendant's assertion, and it is also limited to the first time real estate.