A defendant shall be punished by imprisonment for six 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

The defendant is a person who has operated a construction enterprise.

On November 24, 2006, the Defendant was transferred two million won from the victim through divesing the phone call to the victim C, the owner of the paint-type agency, who became aware of the business relationship and was in a close-friendly manner. The Defendant was transferred two million won from the victim through dives.

In addition, the Defendant, from that time until June 16, 2008, received KRW 29 million in total over 13 times, as shown in the attached Form List of Crimes, from the Defendant, to the effect that “the Defendant shall repay money without any molding if the construction cost is insufficient.”

However, as above, the Defendant used both the money borrowed from the victim to use it as casino money. At the time, the Defendant did not have any intent or ability to repay the said money, even if he borrowed money from another person due to a financial institution’s debt amounting to one billion won.

Accordingly, the defendant deceivings the victim and obtained a total of 29 million won from the victim and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Application of Acts and subordinate statutes to the defendant's interrogation protocol

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the crimes. Article 347 (Selection of Imprisonment or Imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The amount of probation, the amount of previous convictions for the same kind, health conditions, etc.);