A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

1. Around February 9, 2009, the Defendant made a false statement to the victim B who had a usual friendship at an unspecified place on or around February 8, 2009, stating that “If the Defendant borrowed KRW 200 million as he/she requires urgent money, he/she will repay it after one week.” On or around the 9th of the same month, the Defendant made the false statement to the effect that “I will use the above victim only two weeks as he/she would have become aware of it, and will return it. I propose interest of KRW 4 million and request deposit of KRW 196 million.”

However, at the time of fact, the Defendant was retired from the bank, and there was no income, and rather, there was no intention or ability to repay money for only two weeks even if the Defendant borrowed money from the victim because it was economically difficult to raise funds to raise the expenses for studying in Korea and the amount of investment in D business.

The Defendant, by deceiving the victim as above, received money from the victim to the account under the name of the Defendant on the 9th day of the same month from the victim and acquired it through the money borrowed from the victim.

2. On December 11, 2009, around December 11, 2009, the Defendant stated that “Around December 11, 2009, at the Defendant’s office located in the Seocho-gu Seoul Metropolitan Government E building, the Defendant purchased KRW 50 million in G’s cemetery 50 billion operated by F, and the Defendant would purchase KRW 10 million in the present one.”

However, at the time of fact, the defendant did not purchase 50 G cemeterys operated by F, and even if he received money from the victim, he was planned to use F cemetery park projects investment funds, and there was no intention or ability to purchase 60 cemeterys for the victim.

The Defendant, by deceiving the victim as above, received the total sum of KRW 200 million from the victim's checks equivalent to KRW 50 million on the same day from the victim as the price for graveyard purchase.