A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

The defendant is a person engaged in real estate brokerage business.

1. On June 2009, the Defendant is seeking to purchase and develop land on a two-dimensional basis to the victims E, who were at the same elementary school of Dong-dong D around June 2009.

In making an investment in money, a false statement stating that “I would make a payment of proceeds by selling the land by developing the land” was remitted to KRW 70 million from the victim’s bank account in the name of wifeD on June 26, 2009.

However, in fact, even if the defendant receives money under the above name as above, he did not use a reasonable amount of money for the purchase of land, and was planned to use it for the personal purpose such as the defendant's repayment of his personal debt, living expenses, and payment of

Accordingly, the defendant deceivings the victim as above and defrauds the victim 70 million won.

2. On January 14, 2010, the Defendant was transferred KRW 10 million from the victim via the said account in the name of D on January 14, 2010, to the effect that the Defendant was “acsing to enter into a singinging, lending KRW 10 million to the said victim, and allowing him/her to live in monthly proceeds.”

However, even if the defendant borrowed money under the above name, he was planned to use it for personal purposes such as living expenses and credit card payments, and there was no intention or ability to pay it.

Accordingly, the defendant deceivings the victim as above and defrauds the victim about KRW 10 million.

Summary of Evidence

1. Statement of witness E in the third public trial protocol;

1. Some statements made to the accused in the protocol of interrogation of the suspect against the prosecution;

1. Statement made by the police for E;

1. A criminal investigation report (Submission of data, such as a detailed statement of suspect transactions), and a copy of passbook;

1. Investigation report (to attach all matters to be registered in relation to the suspect F a certificate);

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;