Defendant shall be punished by imprisonment for a term of one year and six months.

Provided, That the execution of a sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Criminal facts

On September 30, 2010, the Defendant stated that “In the office of the Defendant in the accounting corporation of 10th floor C of Seoul, Gangnam-gu, Seoul 2010, the Defendant loaned KRW 500,000,000 to the victim D as he/she operates a large number of dynamics in many service teams. If he/she borrowed KRW 500,000,000,000,000,000,000,000,000,000,000,00

However, in fact, the defendant received money from the victim and did not use it as the fund for the acquisition and operation of the supermarket, and intended to use it as its own gambling expenses. At the time, real estate in the name of the defendant was subject to the right to collateral security of at least KRW 1 billion, which was established on real estate in the name of the defendant, and it was under the circumstances that the defendant could not repay his bank obligations worth KRW 716 million, and therefore, he did not have the ability

On September 30, 2010, the Defendant, by deceiving the victim as above, received KRW 500 million from the victim to the F bank account in the name of the Defendant, and acquired it by defrauded.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of examination of part of the defendant by prosecution;

1. Statement made to D by the police;

1. A notarial deed, a deposit certificate, and a copy of e-mail;

1. Application of Acts and subordinate statutes to investigation reports;

1. Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 347 (1) of the Criminal Act concerning the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act - When the sentencing guidelines established by the Supreme Court Sentencing Committee are applied to the type of the instant crime and sentencing factors, the scope of the recommended sentence shall be from 1 year and 6 months to 4 years (the scope of mitigation caused by non-execution of punishment) - The instant crime is deemed to have taken the victim by deceiving the victim without repayment intent and ability, and the crime is deemed to have been committed in light of the method and form of the crime, the circumstances before and after the crime, and the amount of fraud.