A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On July 23, 2015, the Defendant lost on July 23, 2015 (the Busan District Court 2013Dahap17165 (the main lawsuit), 2014Gahap15424 (Counterclaim))], and B, on September 22, 2015, seized the shares of the amount of KRW 81,316,00 against D Financial Cooperative operated by the Defendant based on the seizure order of investment certificate No. 2015TT issued by the Busan District Court 2015, Busan District Court 2015.

On November 2015, the Defendant made a false statement that “If the Defendant borrowed KRW 81,316,000 of the money paid to DF to DF to enable the release of investment certificates from the seizure of investment certificates, the Defendant would immediately repay the money after the completion of the instant appellate trial [the Busan District Court 2015Na4047, 4054(Counterclaim)], such as the defect repair amount, etc. (the Busan District Court 2015Na4047, 4054(Counterclaim)].”

However, even if the above money was borrowed from the victim, the defendant thought to use it as living expenses, personal business funds, etc., and the credit rating of the defendant at the time of committing the crime was 7 to 8 level, the defendant was not loans from financial institutions, and there was no intention or ability to pay the above money even if he borrowed money from the victim.

The Defendant received KRW 81,316,00,000 in total, including KRW 1,00,000 on October 22, 2015, and KRW 71,316,00 on November 9, 2015, from a victim’s G bank account (Account Number:H) in the name of the Defendant.

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

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the accused by the prosecution (including the F substitute part);

1. Statement made by the prosecutor to the prosecution;

1. The police statement concerning F;

1. Standard contract, etc. for private construction works;

1. Court rulings or orders for seizure of investment certificates;

1. The results of each transfer management;

1. A monetary payment agreement;

1. Decision of the Busan High Court;

1. Details of the defendant's G bank account and account;

1. The defendant;