A defendant shall be punished by imprisonment for six months.

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

Criminal facts

1. On July 2012, 2012, the Defendant called the victim B by phoneing the victim B, “The Defendant did not receive a share of inheritance within the limit of 3 billion won since the transfer of bats and fats with property left behind while the batus died. As such, the Defendant won a lawsuit against the batus and female students. When the auction is conducted, the Defendant may receive KRW 3 billion. In order to conduct an auction, if the expenses for filing an application for auction are leased KRW 10 million, the Defendant would pay interest of KRW 20,000 per month and pay them three months later.”

However, even if the Defendant received money from the victim, it was merely intended to use the money for living expenses or existing debt repayment, and there was no case in progress at the time of auction, so there was no intention or ability to use the money for requesting auction or to receive the money of KRW 3 billion.

On July 13, 2012, the Defendant, by deceiving the victim and deceiving the victim, acquired KRW 10 million from the victim through the Agricultural Cooperative Account (C) in the name of the Defendant.

2. On October 2012, the Defendant called the victim B by phone call to the victim B, saying, “The Defendant shall pay interest of KRW 200,000,000 per month if he/she additionally lends 13,000,000 to the expense for the application for auction, and complete payment within the city where he/she reaches.”

However, the defendant did not have the above auction process, and only he had the intention to use it for the cost of living, and did not have the intention or ability to repay it even if he borrowed money from the victim.

On October 25, 2012, the Defendant, by deceiving the victim and deceiving the victim, acquired KRW 13 million from the victim through the Agricultural Cooperative Account (C) in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused (including B substitute part);

1. Each police statement concerning B;

1. Application of the Acts and subordinate statutes of a list of ordinary deposits;

1. Article 347 of the Criminal Code as to the facts constituting the crime.