A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

The defendant is in charge of the building business, and the victim B is the building owner of Yongsan-gu Seoul Metropolitan Government, "A ground building of Yongsan-gu, Seoul, which is the owner of the building."

On July 11, 2008, the Defendant presented a false loan certificate to the effect that, at the second floor coffee shop of Seodaemun-gu Seoul, Seoul around July 11, 2008, it is necessary to reimburse the expenses incurred in the steel bars that entered the previous building at the time of leaving the previous building, and that, “to pay 400,000 won after the loan of 20 million won, and to provide monthly interest amounting to 40,000 won.”

However, although the construction of the above building was completed at the time and the settlement of the construction cost was completed, even if the defendant borrowed money from the damaged person due to economic difficulties such as lending money due to economic difficulties, there was no intention or ability to change it from time.

Nevertheless, the defendant deceivings the victim as above and received 20 million won on the same day as the borrowed money from the victim.

Accordingly, the defendant acquired the property from the damaged person.

Summary of Evidence

1. Partial statement of the defendant;

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

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

1. The defendant asserts that a copy of the loan certificate [the defendant borrowed 20 million won from the injured party] was offset against the additional construction cost for the above building by the injured party's value-added tax of 5 million won and the additional construction cost that the injured party should pay to the defendant.

However, in light of the fact that the defendant did not raise any objection against the seizure and collection order of the claim filed by the victim, the defendant bears the liability of KRW 20 million against the victim, in light of the fact that the fact is not entirely stated in the settlement sheet between the plaintiff and the general construction company in charge of the construction contract of the building of this case.

In addition, even if the defendant borrowed the above 20 million won from the injured party, the defendant's intention to change it from time.