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

Criminal facts

On August 3, 2016, the Defendant paid the down payment to the victim C in front of the Masan-gu office located in the central Dong of Yongsan-gu, Changwon-si, Changwon-si.

The loan of KRW 50 million will be repaid without a mold until August 20, 2016.

“A false representation was made.”

However, in fact, although the Defendant owned an apartment with a total amount of KRW 170 million at the market price, the above apartment was established with a total of KRW 167.7 million, and there was no other special property, and at the same time there was no intention or ability to repay the apartment even if he borrowed money from the injured party.

The defendant deceivings the victim as above and was transferred KRW 50 million to the Nonghyup Bank account in the name of the defendant from the victim under the name of the same day.

Summary of Evidence

1. Part of the defendant's legal statements;

1. Part concerning the statement of each of the first and second suspect interrogation records against the defendant in the police room.

1. Statement made by the police against C;

1. C Complaints;

1. Application of Acts and subordinate statutes to a fair deed, details of deposit transactions, investigation report (Attachment of detailed statement of deposit transactions), investigation report (phone investigation), copies, family relation certificates, certified copy of register (E shop apartment 1009), inquiry about the actual transaction of apartment houses, investigation report (report on the results of interview between the seller and D counterpart of the real estate transaction contract) and report on the actual transaction (report, etc.

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Reasons for sentencing selective sentence of imprisonment with prison labor;

1. The scope of punishment by imprisonment: One month to ten years;

2. Scope of the recommended punishment according to the sentencing criteria: Imprisonment with prison labor for not less than six months to not more than one year and six months.

(a) Determination of types: One type of fraud (less than KRW 100,000) in general;

B. There is no special sentencing factor:

(c) Determination of the territory of recommendation: Basic territory;

3. Determination of sentence: The defendant shall be sentenced to imprisonment with prison labor for nine months from the investigative agency to this court;