A defendant shall be punished by imprisonment for two years.

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

Criminal facts

On July 28, 2010, the Defendant made a false statement in the E-legal office located in Seocho-gu Seoul Metropolitan Government, stating that “If the Defendant lends KRW 500 million to the victim F, the Defendant would pay interest of KRW 500,000 per month and pay the principal on January 30, 201.”

However, in fact, the Defendant had a debt of ten billion won at the time, and the Defendant purchased the land for the camping site from the victim with money and intended to operate the camping site, but did not have any experience in doing so. However, there was no specific plan for the operation of the camping site, and there was no intention or ability to repay the money from the victim even if he borrowed money from the victim.

Accordingly, the Defendant deceivings the victim as above and acquired 500 million won from the victim as the borrowed money on August 2, 2010.

Summary of Evidence

1. Among the suspect interrogation protocol of the defendant against the defendant, a statement to the effect that the defendant bears about 10 billion won as of the date and time set in the decision, and that there was almost no sales of G Co., Ltd. operated at the time.

1. Each legal statement of the witness H and I;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to a copy of a loan certificate;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. In light of the amount of fraud by fraud of the reason for sentencing under Article 62(1) of the Criminal Act (hereinafter “the reason for the suspended sentence”), the nature of the crime is not weak.

However, it is decided as per the disposition in consideration of the favorable circumstances, such as the fact that the defendant agreed smoothly with the victim, the fact that the defendant has no criminal records for the same kind of crime.