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

However, 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

On May 8, 2012, the Defendant told the victim C to the effect that “Around May 8, 2012, the victim would have been awarded a bid of 2,3, and 4 floors of the building E located in the Gunsan-si in an auction and want to open the F Hospital at all times.” The Defendant loaned KRW 15 million to the victim C, which means “A loaning KRW 1,5 million,00,000,000,000,000,000 won.”

However, in fact, the Defendant did not receive the said building from the successful bidder of the said building, but did not pay the down payment. The Defendant did not have the ability or authority to perform the construction work of the said building, and the Defendant did not have the intention or ability to perform the construction work for the opening of the hospital, and did not have the intention or ability to perform the construction work for the victim because it was not prepared for the opening of the hospital. The Defendant did not have the intention or ability to repay the said building even if borrowed money.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 15 million from the victim to the Agricultural Cooperative Deposit Account in the name of the Defendant on the same day and acquired it by deception.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. An investigation report (to listen to the G phone statement of a witness);

1. Application of Acts and subordinate statutes to the complaint (including attached data);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (including the circumstances, etc. described in the following reasons for sentencing);

1. Articles 32(1), 25(3)3 and 25(3)4 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation Order (the applicant for Compensation Application has filed an application for Compensation Order including other damages in addition to the money acquired in this case. The reason for sentencing [the scope of liability for compensation is unclear or it is not reasonable to issue a compensation order in criminal proceedings] [the scope of recommending punishment] of the basic area (6 months to 100 million won) (one year and six months) [the decision of sentencing] of the basic area (6 months to 100 million won] [the defendant].