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

[criminal record] On February 10, 2012, the Defendant was sentenced to a suspended sentence of ten (10) years for the crime of embezzlement at the Incheon District Court on February 10, 201, and the judgment became final and conclusive on February 18, 2012.

[Criminal facts]

1. The Defendant purchased a building of 170.1 square meter and its ground site in Nam-gu, Incheon Metropolitan City, and tried to newly build a multi-household house at that place. On August 2008, the Defendant requested the victim C to lend money from the bond company of the Nam-gu, Incheon Metropolitan City E-gu, which was owned by the victim and received a loan from the bond company to pay the down payment. The victim borrowed KRW 45 million from the bond company as security and lent the above house to the Defendant.

On October 2008, the Defendant made a false statement to the effect that “If a victim lends KRW 52 million to the victim, he/she would have repaid the amount of KRW 45 million and its interest that he/she received from the bond business operator as above, he/she would repay the amount of KRW 52 million and pay the amount of KRW 52 million after three months after the end of October 2008.”

However, the defendant did not have any particular property or income at the time, and there was a situation in which the defendant was trying to build a new multi-household without any construction fund, so even if he borrowed money from the injured party, there was no intention or ability to pay it.

On October 2008, the Defendant, by deceiving the victim as such, obtained a delivery of KRW 52 million from the victim to the victim as the loan from the end of October 2008.

2. On November 19, 2008, the Defendant made a false statement to the effect that “The Defendant would lend money to be used as a material cost for construction of the said Newly constructed Newly constructed Newly constructed Newly constructed Newly constructed Newly constructed Newly constructed Newly constructed Newly to the Defendant together with KRW 52 million prior to the loan to the Defendant.”

However, the defendant did not have the intention or ability to pay the money even if he borrowed the money from the injured party under circumstances such as Paragraph 1.

The Defendant is the victim.