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

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

Punishment of the crime

On January 25, 2013, the Defendant made a false statement that “C” restaurant located in the Assignment Group B, “C, with which he has to stack up the stones on a net path, has to rent KRW 20 million in advance. When he/she lends money, he/she shall pay interest of KRW 100,000 per month, and immediately repay when he/she starts the construction of a net path.”

However, in fact, the defendant did not have a fixed condition to do so at the time, and there was no fact that the defendant actually carried out it, and even if he borrowed money from the victim, he thought that he would repay to other creditors of the defendant, such as E, F, and G, so even if he borrowed money from the victim, he did not have an intention or ability to purchase the money with the money to do it and to do it.

The Defendant received KRW 20 million from the victim to the post office account (H) in the name of the Defendant on the same day in the name of the victim.

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

On June 14, 2016, the Defendant made a false statement to the effect that “If 30 million won is extended by adding pre-loand money to pre-loand money, 60 million won will be paid by adding 100% interest to principal by receiving compensation for obstacles to national highways No. 40 L land, the Defendant would be paid 60 million won.”

However, in fact, the defendant did not have an intention or ability to repay the money even if he borrowed the money from the victim due to the situation of excess of debt due to financial institutions, personal debts, etc. other than the victim in the absence of any special property other than stones as obstacles to the national highways.

Nevertheless, the Defendant, by deceiving the victim as above, received 2,850,000 won from the post office account (H) in the name of the Defendant on the same day.

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

Any person who uses and manages the means of access.