A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On March 201, 201, the Defendant stated that “If he/she lends KRW 10 million to the victim D, he/she would be paid back the deposit money of KRW 50 million at the seat of the Daegu-gu, Seogu, Daegu-gu, Seoul-gu, and that he/she would be paid off the deposit money of KRW 10 million at the seat of the victim D.”

However, in fact, the deposit amount is only KRW 30 million, and the nominal owner of the contract did not have the right to dispose of the property under the name of the defendant to F, and even if there was no property in the name of the defendant and there was no particular income, there was no intention or ability to repay the money from the victim.

As such, the Defendant received from the victim the transfer of KRW 10 million to the Defendant’s account in the name of his wife G as the borrowed money on the same day.

2. On June 9, 2011, the Defendant: (a) by deceiving the victim at the same place as in paragraph (1) in the same manner as above; and (b) received from the victim a remittance of KRW 10 million to the Defendant’s wife G account in the name of the Defendant’s wife on the same day.

Accordingly, the defendant was delivered KRW 20 million by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on written statements by prosecution concerning D;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant is unable to take advantage of 20 million won from the victim of the sexual arrest, but he/she is unable to pay the amount of damage. However, the defendant is divided his/her own mistake, and the victim is paid 5 million won (4-month interest rate of KRW 2 million for KRW 10 million, KRW 200 million, KRW 3 million with interest rate of KRW 3 million per annum) under the pretext of interest, and the victim shall support his/her wife's child in an difficult family form, and there is no criminal record of the same kind of suspended execution.