A defendant shall be punished by imprisonment for one year.

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 June 2008, the Defendant stated that, “D” located in Gangnam-gu Seoul Metropolitan Government 2nd floor, the Victim E newly opened a house with the trade name of “D” in Gangnam-gu, Gangnam-gu, Seoul and opened a new house with “D” on the second floor of Gangnam-gu, Seoul. If operating funds are needed, the Defendant would pay the interest of KRW 10 million per month, and the principal would be repaid in full within three months at the time of the request, and in order to secure the obligation, the Defendant would transfer the full amount of the claim for the refund of the deposit for the deposit for the D house located in C.

However, in fact, since the Defendant’s debt amounted to KRW 1.2 billion and the interest on the Defendant’s debt was higher, there was no ability to repay the principal, and the lease contract of D in Gangnam-gu C2 was concluded by H, the Defendant’s partner, and the said H’s consent was not obtained, and the obligation to return the lease deposit was not transferred.

As above, the Defendant, by deceiving the victim as above, obtained KRW 190 million from the victim on June 9, 2008, KRW 100 million on or around June 27, 2008, KRW 10 million on or around July 1, 2008, KRW 60 million on or around July 2, 2008, and KRW 30 million on or around July 11, 2008, respectively, by deceiving the victim as a deposit account in the name of the Defendant.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to a criminal investigation report;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (the decision of a suspended sentence) of the Act on the Suspension of Execution is not less than KRW 100 million by general fraud, and less than KRW 500 million by means of mitigation of punishment: In [the scope of recommending punishment] October 10] - February - June 2 year and June [the decision of a sentence] at a relatively large amount: The defendant made efforts to recover damage over a prolonged period and made efforts to punish the victim by agreement with the victim on July 2013.