A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

1. On August 26, 2008, the Defendant acquired the original investment money of KRW 20 million, false statement to the victim F in E’s real estate office operated by D, the Defendant, located in Busan-gun, Busan-gun, for the purpose of acquiring the land from the H door in the captain-gun G, and then raising a lot of profits from selling the land to another person.

However, even if the defendant had a personal debt of KRW 120 million at the time received money from the injured party, he did not intend or have the ability to purchase the real estate and make profits to the injured party.

The defendant deceivings the victim as above and acquired 20 million won from the victim to the account of the above D bank under the name of real estate investment money on the same day.

2. On September 1, 2008, the Defendant acquired the original investment money of KRW 25 million by deceptioning that “The Defendant would make a lot of profits by purchasing two multi-household houses in the plane captain I to the victim at the same place as the above paragraph 1 of the same Article.”

However, even if the defendant received money from the injured party, he thought to use it in repayment of his obligation, and he did not have the intention or ability to purchase the above multi-household house to make profits to the injured party.

The defendant deceivings the victim as above and acquired the victim's total sum of KRW 9 million from the victim to the post office account under the name of the defendant on the same day, KRW 1 million on September 26, 2008, KRW 5 million on November 26, 2008, KRW 5 million on December 9, 2008, and KRW 25 million on March 11, 2009.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of suspects of D;

1. Statement made by the police with regard to F;

1. A copy of a deposit certificate;

1. Copy of a receipt;

1. A list of transaction records of passbooks;

1. Application of Acts and subordinate statutes on transaction details;

1. Article 347(1) of the Criminal Act applicable to the relevant criminal facts and Article 347(1) of the choice of punishment (a) of the Criminal Act;